Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - In order to decide an application U.O.7.R.11 CPC, Court has to evaluate the plaint only - In whole of plaint, there is no such averment from which it can be held that suit is barred by res judicata - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that sale deed is null and void - Plaintiff neither is executant of sale deed nor has sought possession - Being a non-executant, plaintiff can avoid sale deed and thus, is not required to affix ad valoram Court fee on the value of property - Plaint..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff is dominus litis - Defendant cannot ask plaintiff to add any person in the suit instituted by him - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - For the purpose of evaluating the value of suit and for adjudicating upon application U.O.7.R.11 CPC, Court has to evaluate the plaint as a whole...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Suit being money suit is governed by provision as contained u/s 7(i) of the Act and not Schedule II of the Act...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Plaintiff has quantified the costs that he claimed to have suffered on account of malicious prosecution alleged at the hands of defendant - Suit filed for claiming damages on account of such malicious prosecution - Merely for the reason that in prayer clause he..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendant from raising any type of construction over suit property or from changing the nature of suit land and transferring the same - Defendants reflected as sahayak as per Jamabandi relied upon by plaintiff - No evidence led to contrary by defendant though they claimed themselves to be occupancy..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to elaborate the pleadings which are already pleaded in the written statement by adding legal pleas, that (a) suit is hit by O.2.R.2 CPC; (b) suit is barred by limitation; (c) that they have perfected their title by adverse possession - Defendants have not withdrawn any..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the boundaries of suit property , as boundaries shown in the original sale deed had been set out in the schedule by inadvertent mistake and corrected boundaries as per rectification deed have to be included in the schedule - Defendants were always aware of fact that original..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
