Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, 3, Civil Procedure Code, 1908, Order 23, Rule 1 -- Maintainability of suit - Question not raised before Courts below - Cannot be allowed to be raised for the first time in SLP...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Appeal against - Held, in such an appeal Appellate Court has power to grant temporary injunction...........
Civil Procedure Code, 1908, Order 7, Rule 10-A, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Territorial jurisdiction - Lack of - Procedure prescribed U.O.7.R.10-A not followed - Appeal U.O.43.R.1(a) is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 1(j), Civil Procedure Code, 1908, Order 6, Rule 15, Civil Procedure Code, 1908, Order 20, Rule 5 -- Defect in verification and non compliance of the provision of O.7.R.1(j) and O.20.R.5 - These are only technical objections which do not go into the root of the case...........
Civil Procedure Code, 1908, Section 153, Order 22, Rule 3, 4, Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit filed in the name of a dead person or a firm which has already been dissolved - Such a suit is not maintainable in law and ought to be dismissed at the threshold on..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Court fee - Preliminary issue - Partnership firm - Suit for dissolution of partnership firm and rendition of accounts - In such a suit there is no liquidated claim of specific amount - A formal Court fee of Rs.20/- affixed is sufficient subject to payment of ad valorem court..........
Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 6, Rule 1 -- Relief not directly or specifically claimed in the relief portion of the plaint - Can still be granted - Plaint to be read as a whole and the actual relief sought i.e. prayer in the paint should be culled out from the averments in the plaint, and relief can be granted if there is..........
Arbitration Act, 1940, Section 20, Civil Procedure Code, 1908, Order 7, Rule 1 -- Application filed for referring the dispute to the arbitrator - Cannot be considered as a plaint as contemplated under CPC...........
Civil Procedure Code, 1908, Order 32, Rule 15, Civil Procedure Code, 1908, Order 7, Rule 1(d) -- Person of unsound mind - Suit by next friend - Fact of mental infirmity must be stated in plaint - When such plaint is presented, Court on its own motion must conduct inquiry and it is only upon due satisfaction of Court that party by reason of mental infirmity is incapable of..........
Civil Procedure Code, 1908, Order 23, Rule 1(4), Civil Procedure Code, 1908, Order 7, Rule 10 -- Court having no jurisdiction - Plaint ordered to be returned to be presented in a Court of competent jurisdiction - Plaintiff instead of taking return of the plaint filed a fresh suit - Fresh suit is not barred - Earlier suit cannot be deemed to be pending - Moreoso a Court..........
