Civil Procedure Code, 1908, Order 7, Rule 10, 11(d) -- Return/rejection of plaint - Jurisdiction of Tribunal - Suit for permanent injunction claiming easementary right - S.83 of Wakf Act, 1995 permits entertainment of suit by Tribunal - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Question of limitation is a mixed question of fact - Since there is no undisputed evidence placed on record by defendant to prove that suit is barred by limitation, question of allowing application U.O.7.R.11 CPC does not arise - Only after trial, the issue whether suit is barred..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Adequate averments have been made in the plaint in respect of subject claim - Whether plaintiffs are legally entitled to suit claim or not can be adjudicated only after trial and not in the application U.O.7.R.11 CPC - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether Court is having the power or not to grant the reliefs as prayed for in the suit is a matter of trial and it cannot be decided in an application filed U.O.7.R.11 CPC for rejection of plaint...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3), Evidence Act, 1872, Section 65A, 65B -- Production of documents - Telephonic recording - Recovery suit - Plaintiff wanted to submit the telephonic talk between his brother and defendant in which defendant admitted that he had taken Rs.5 lacs from plaintiff - However, brother of plaintiff is not a party to suit..........
Will -- Suspicious circumstance - Will has admittedly been scribed by plaintiff/propounder of Will - Plaintiff was well aware that entire property had been given to her by Testator, yet she filed a suit for declaration that she had become co-owner on the basis of a family settlement - Filing of the suit itself raises a suspicion in the mind of Court regarding validity of..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - O.18 CPC in terms speaks of `hearing' of a suit and not the trial of suit...........
Agreement to sell -- Specific performance - Limitation - No time is fixed in the agreement for performance of contract - In that circumstance, plaintiff would bring the suit when she had notice that performance is refused...........
Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - When parties approach a Court seeking formal recognition of their divorce through Mubarrat, Court's primary role is to verify the mutuality and voluntariness of agreement - Upon satisfaction, Court is obligated to endorse the dissolution and declare the marital..........
Family Courts Act, 1984, Section 7 -- Suit for declaration of matrimonial status - Divorce through Mubarrat - Parties are living separately and have entered into a Mubarrat agreement wherein they mutually agreed to dissolve the marriage subject to payment of Rs.30 lakhs by husband to wife - Sum of Rs.30 lakhs has been paid in full by husband and both the parties have..........
