Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 47, Rule 1 -- Rejection of plaint - Non-payment of balance Court fee - Remedy thereagainst is to file an appeal as rejection of plaint is a decree - Where plaintiff could make out grounds for review then even such a remedy is not foreclosed, provided grounds of review are disclosed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad-interim mandatory injunction - Against defendants for unlocking suit premises - Plaintiff purchased suit property 6 months prior to institution of suit in auction conducted by Bank under SARFAESI Act - He is also in possession of suit property, constituted undisputed and uncontested status thereof -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Taking up the issue, which is already decided and against which an appeal is preferred, would amount to violating the principle of res judicata incorporated in S.11 of CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery - Evidence produced on record by plaintiff, establish that goods were delivered to respondent - PW1 has given the names of individuals whose signatures appeared on these invoices to show that the goods were received - Defendant did not produce any individual to deny signatures over those invoices..........
Criminal Procedure Code, 1973, Section 482, 133 -- Proceedings u/s 133 Cr.P.C. dropped - However proceedings resumed on the basis of letter received from Human Rights Commission - Human Rights Commission has no jurisdiction to entertain a dispute of alleged public nuisance, as Cr.P.C provides ample remedies for resolving such disputes - Moreover, civil suit is also going..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 18, Rule 17, Civil Procedure Code, 1908, Section 151 -- Production of documents - Reopening of case and recall of PW1 - Documents sought to be produced by plaintiffs are not relevant to prove issues in question - Moreover, proving said issues is on defendants and not on plaintiffs - Even..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Court may either suo motu or on request of party, recall any witness at any stage - Once Court recalls witness for the purpose of any such clarification or otherwise, Court may permit parties to assist Court by examining the witness for said purpose - However, it is not to fill up lacunas or gaps, much..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - At the stage of arguments - Once it is established that two documents, filed by plaintiffs, viz. (a) certified copy of registered gift settlement deed, which is a public document (b) F.L.R. copy of survey obtained under R.T.I. Act, were not available at time of filling of suit and commencement of evidence..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation and res judicata are arguable defences, which cannot be gone into at the stage of considering application U.O.7.R.11 CPC, - Moreover, suit not appears from statement of plaint to be barred by law - Application rightly rejected...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Issue as to whether consent terms filed in course of execution proceedings and/or made therein can be recorded as consent decree or not is itself a debatable or arguable issue which cannot be decided at the stage of considering an application U.O.7.R.11 CPC...........
