Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - True or not - Cannot be decided at the time of deciding application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Real or not, is a question to be determined only at end of trial - But at stage of considering application U.O.7.R.11 CPC, said question cannot be decided and plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Does not debar or preclude plaintiff to file fresh suit on same cause of action in view of O.7.R.13 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Limitation is mixed question of fact and law - Plaint cannot be rejected on ground that it is barred by limitation...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Barred by principles of res judicata - Question involving mixed question of fact and law, which require not only examination of plaint but also other evidence and order passed in earlier suit may be taken as preliminary issue or at final hearing - But said question cannot be determined at..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - It is a bundle of facts which gives rise cause to file a suit or proceeding against the other...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Courts shall keep in consideration provision of O.14.R.1 CPC before framing issues - Order farming issues must show application of mind and distinct issue should be framed on each material proposition affirmed by one party and denied by the other...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining co-sharer from raising construction - Defendant purchased demarcated portion of land from plaintiff No.2/co-sharer and obtained a sanction plan from local Gram Panchayat for construction in said portion - Admittedly, defendant after purchasing said portion of land raised construction over..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471, 166, 167, 120B -- Quashing of FIR - Offence u/ss 420, 467, 468, 471, 166, 167, 120-B IPC - Family dispute - Allegation that mutation entries wrongly recorded by illegal act of accused - Admittedly, civil and revenue proceedings regarding wrong mutation entries continuing..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Provision is intended to curtail evidence thereby expediting trial of suit, saving time of Court and costs of litigation to the parties - They have to be liberally used and parties have to be encouraged to use them in the course of trial...........
