Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact - Same can only be decided after framing issue raised in this regard during course of trial - Plaint cannot be rejected on the ground that plaint is barred by limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Defendant in his application not indicated a word as to under which provision of law, suit is barred - Vague application U.O.7.R.11 CPC is filed - Even otherwise, plaint cannot be rejected, merely on the ground of limitation - Application dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Where party purchased suit property during pendency of suit, impleadment could be directed U.O.22.R.10 CPC and not U.O.1.R.10 CPC - Merely because while allowing such impleadment, Court referred to O.1.R.10 CPC, it would not render order..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5, Article 123 -- Ex-parte decree - Setting aside - Condonation of delay - Limitation would reckon from date when ex-parte decree is passed by Court and not from date of knowledge of ex-parte decree - If the delay is explained to the extent that applicant was unaware of happenings in suit, Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Delay of 103 days in filling application - Petitioner suffered from disease and was advised by doctor to take bed rest - Statement not controverted or denied specifically by opposite party - Court must apply doctrine of no, traverse and a pragmatic and liberal approach in considering the..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Cannot be appointed for purpose of collection of evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action whether disclosed or not in plaint - Hair-split technicalities should be avoided and intention of plaintiff should be gathered from tenor and terms of pleadings in totality...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non filing of title document along with suit - No ground to reject plaint - Same is not within purview of O.7.R.11 CPC - Document can be filed at a later stage by virtue of O.7.R.14 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - In the absence of pleadings of previous suit, having been brought on file, Court is not justified to conclude that subsequent suit is barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - It is essential for defendant to produce plaint filed in previous suit, before raising a plea that subsequent suit is not maintainable on account of bar created U.O.2.R.2 CPC - After examining plaint, Court would be in a position to record a finding that previous suit and subsequent suit is on same..........
