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..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Application under O.11 R.1 CPC not to be dismissed on the ground that such questions can be asked to respondent at time of recording evidence or that plaintiff-petitioner has to stand on his own legs and prove his defence instead of putting burden on the shoulders of other party...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - When here are number of interrogatories, Court cannot dismiss application on the ground that some of the interrogatories are fishing in nature - In such case, Court has to categorically refer to interrogatories which were fishing in nature and reject the same while allowing others which are relevant to the..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Court Fees Act, 1870, Section 6(2), 6(3)(As -- Amendment of plaint - Amendment sought to abandon part of claim and thereby reducing valuation of suit, after determining that the plaint is insufficiently stamped - Application is maintainable - Right to abandon a part of claim inheres..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Fundamental test to attract S.10 CPC is whether on final decision being reached in the previous suit, such decision would operate as res judicata in the subsequent suit or not...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was filed by plaintiff for cancellation of sale deed executed by defendant in favour of respondents - Subsequent suit filed by defendant for cancellation of said sale deed on the ground that fraud is played upon him - Matter in issue in earlier suit is not directly and substantially in issue..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - Suit for injunction - Appointment of Court Commissioner, even that of T.I.L.R., to submit factual report as regards possession or user of land, amounts to collection of evidence, hence, not permissible in law...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner to record factual position of land - Suit for injunction - Measurement of lands already done at the instance of plaintiffs and boundaries are fixed - Burden lies on plaintiffs to prove the said existence of their house and its location - Hence, plaintiffs cannot seek appointment of Court..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Agreement to sell - Earnest paid Rs.Six lakhs - Plaintiff having reasons to doubt as to defendant being exclusive owner of the property - Plaintiff called upon defendant to share chain of documents conferring title on him to which there was no response - Suit for recovery of earnest money..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........
