Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In an application filed U.O.7.R.11 CPC, Court cannot consider the contentions raised in written statement - If plaint discloses a cause of action, Court cannot reject it - If a plain reading of plaint it is found that suit is vexatious and meritless, it can be rejected - Averments in the plaint must be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaintiff is entitled to relief or not will be adjudicated by Court after trial - Whether plaintiff acts contrary to recital in the agreement is a question of fact and Court will adjudicate by framing necessary issues based on pleadings of respective parties, after evidence is let in...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Cause of action is a bundle of facts, and plaintiff must prove to support his case to a judgment - Solitary incident or fact may not be termed a cause of action - Reciprocal obligations and other incidental issues will also constitute a cause of action - Cause of action has no relation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for specific performance - Several facts pleaded in plaint give rise to institution of suit - Recitals in suit document concerning delivery of property after expiry of lease and thereafter execution of document in favour of plaintiff, can be termed as one of facets of cause of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Once JD in pursuance of order allowing appointment of local commissioner appeared before Local commissioner and made her submissions, she was estopped from assailing the same after report was submitted by said Local Commissioner - Order of appointment of Local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Order of appointment of Local Commissioner - Challenge as to - Objections filed at the instance of JD to report of Local Commissioner were dismissed - Appointment of local Commissioner is merely for the purpose of assistance to Court and its relevance need to be discussed and deliberated upon during course of proceedings on..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has no where recorded a finding that JD is possessed of sufficient means and is intentionally avoiding to pay decreetal amount - Unless and until, it is found that JD inspite of having been in possession of sufficient means is not intentionally paying decreetal..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of preliminary decree - Partition suit - Preliminary decree cannot be amended U.O.6.R.17 CPC unless a fresh preliminary decree is passed declaring augmented share - Once preliminary decree has attained finality and stage has progressed towards passing final decree, any claim for augmented share due to death of a..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Mere reason that earlier documents could not be placed on record as they inadvertently remained in brief of counsel, is no reason to invoke the provisions of O.7.R.14 CPC ...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of documents - Application was filed after about five opportunities were granted to parties to argue the case - Procedure cannot be misused by a party to delay adjudication of case or to fill up lacunae in the case - Application rightly dismissed...........
