Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this preliminary stage, Court is required to confine its examination strictly to averments made in plaint and not venture into merits or veracity of claims - If any triable issues arise from pleadings, suit cannot be summarily rejected...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Issues relating to title of immovable property fall exclusively within jurisdiction of civil Courts and not revenue authorities...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If a question of law does not affect merits of matter and its final outcome is merely a question of law, it is not a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second Appeal shall be heard on question formulated in appeal - At the stage of hearing of appeal it will be open for respondent to argue that question of law so formulated is not involved in the appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - If at the stage of final hearing of appeal, Court is of opinion that substantial question of law framed at the time of admission is not involved in appeal, or does not arise for consideration, it will be open for Court to hold so, however, a duty is cast on Court to record reasons for..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Challenge thereto - Plaintiff failed to prove that compromise decree was result of any fraud or misrepresentation or that her thumb impressions were obtained on pretext of obtaining loan from bank - Since there was not any kind of fraud or misrepresentation to plaintiff, subsequent Court could not set..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibiting a document - Merely marking a document exhibit does not mean it has become an admissible piece of evidence - An objection to its admissibility does not get excluded when document is marked as exhibit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC would be applicable only if there is identity of matter in issue in both the suits, meaning thereby, that whole of subject matter in both the suits is identical...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Suit property and parties are same in both the suits - Matter in issue in subsequent title suit is same in earlier title suit and decision in earlier suit would operate as res judicata so far as declaration of title of suit property - Subsequent suit stayed...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
