Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Restoration of suit - O.7.R.13 CPC though provides for an opportunity to plaintiff to file a fresh suit, however, it may not tantamount to an absolute bar in filing an application for restoration of suit as no such prohibition is prescribed U.O.7 CPC and unless there is an express bar in doing a..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11(f), 13 -- Restoration of plaint - Rejection of plaint U.O.7.R.11(f) CPC - There is no prohibition U.O.7.R.13 CPC that plaintiff can file only fresh suit and cannot seek restoration of plaint - Moreover, restoration application is totally silent about invoking any provision under CPC - Exercise of jurisdiction by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action not defined in CPC - It means right to sue and consists of material facts which are imperative for plaintiff to allege and prove in order to succeed in suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Plea of limitation is mixed question of law and fact - Plaint cannot be rejected on ground of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiffs claimed birth right in suit property being coparcener - Claim of coparcenary rights in plaint is dependent upon material to be proved on record by way of evidence - No strict opinion can be formed at the stage of O.7.R.11 CPC, on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - No amendment should be allowed to put plaintiff to retrievably prejudice for being denied with opportunity of extracting the admission already made by defendants...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Ownership of plaintiff admitted by defendants in their written statement - Amendment sought to introduce a new plea that suit property was wrongly recorded in the name of plaintiff, which is contrary to the admission made in written statement - Proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of appeal - Non-substitution of LRs - Death of sole plaintiff - Application for substitution of LRs of deceased plaintiff filed belatedly on account of ill-advice of counsel - Liberal approach has to be adopted by trial Court while considering application - However, Court rejected application by adopting hyper..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Before a finding on O.2.R.2 CPC is given, it is necessary to examine that whether earlier suit was on the same cause of action or not - Moreover, since defendants did not claim any issue on O.2.R.2 CPC, suit held, not barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
