Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Held, defence projected in written statement cannot be looked into to decide application for rejection of plaint - It is only the plaint which is to be looked into to decide application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Filed after framing of issues and at the stage of evidence of plaintiff - To take the replication at a later stage is only an irregularity and not illegality...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on basis of defence taken by defendants in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff can file a fresh plaint in respect of the same cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - U.O.7.R.11 CPC plaint is reject and it is not that suit is dismissed - Rejection of plaint and dismissal of suit are different and distinct - No suit can be dismissed by invoking powers U.O.7.R.11 CPC, as said order deals only with rejection of plaint - In the instant case, Trial Court dismissed the suit..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Defendants after execution of agreement to sell in favour of plaintiff created equitable mortgage in favour of respondent No.3 - Respondent No.3 is not claiming any independent rights - Presence of respondent No.3 is necessary in order to enable Court to effectively..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard to same facts or issues due to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of guardianship petition - Bar of jurisdiction - Principle of comity of Courts or principle of forum convenience alone cannot determine threshold bar of jurisdiction - Paramount consideration is best interest of child - Same cannot be subject-matter of final determination in proceedings U.O.7.R.11 CPC - Impugned..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After commencement of trial - Area of suit property - Amendment regarding mentioning the correct area and correct boundary is necessary for determining real question in controversy and is of clerical nature - Amendment to change the measurement of area and mentioning of correct boundary allowed...........
