Agreement to sell -- Specific performance - Readiness and willingness - Financial capacity of party - When it comes to financial capacity of parties, it is not necessary that party should physically possess balance amount with him from the date of agreement to date of plaint - If it is shown that party had sufficient means to mobilize balance amount required within a..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Bill of lading - Its application confined only port to port - Theft occurred not during course of transit but after consignment was taken over by the agent i.e. the bailee from the destination port - Confinement of jurisdiction with U.S. Court under the bill of lading has no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Disclosure of some other ancestral property after filing of suit - Plaintiff want to bring subsequent event on record so as to make pleadings in respect of said property and also want to change relief clause - Application dismissed on technical ground - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Civil Rules of Practice (Kerala) Rr.11, 15 - Counter claim - Counter claim is a subsequent pleading and need not be headed by a cause title - Only a plaint or an original petition that needs to be headed with a cause title as per Kerala Rules...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of facts and law which could also be an issue that could be dealt with by Trial Court as a preliminary issue - Application for rejection of plaint rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit as commercial suit - Relief in terms of lease deed - At least two prayers are in relation to immovable property to be used exclusively for trade and commerce - No occasion arises for Court to interfere with view expressed by Commercial Court that suit is maintainable as a..........
Civil Procedure Code, 1908, Order 39, Rule 3 -- Ex parte interim injunction - When ex parte interim injunction is granted then complete copy of paper book viz. copy of application for injunction, copy of affidavit filed in support of application, copy of plaint and copies of documents on which applicant relies upon not sent by registered post as envisaged U.O.39.R.3 CPC -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plea of res judicata is a mixed question of law and fact and same cannot be gone into without there being any evidence on record - Application for rejection of plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint along with documents filed in plaint are to be seen on an application U.O.7.R.11 CPC - Neither written statement nor averments made in application can be considered for rejecting plaint U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Grounds for rejection of plaint as canvassed in application U.O.7.R.11 CPC and argued before High Court are not apparent from a meaningful reading of plaint - No grounds for rejection of plaint is made out - Application rightly dismissed...........
