Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Considering plaint pleadings it cannot be said that period of limitation is a pure question of law - It is a mixed question of law and fact which cannot be considered for rejection of plaint barred by law - It requires evidence and proof during trial - Order of rejection of plaint..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - When there was a specific averment in plaint with respect to suit being within limitation from the date of knowledge, it was not a case for rejection of plaint U.O.7.R.11 CPC at the stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this stage only plaint averments are to be considered and are to be taken as true and correct on their face value...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Question of second suit whether barred by law U.O.2.R.2 CPC, cannot be decided U.O.7.R.11 CPC at the preliminary stage of registration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected U.O.7.R.11 CPC at the stage of registration neither on the ground of barred by limitation nor on ground of no cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11, Andhra Pradesh Court Fee and Suits Valuation Act, 1956, Section 63, 64 -- Rejection of plaint - Refund of Court fee - Appellate Court set aside order of rejection of plaint - Appellants are entitled for refund of Court fee paid on appeal...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Cannot be sought solely for purpose of collection of evidence...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - When plaintiff is in possession of suit property and no encroachment is made by defendants, he cannot seek for appointment of Advocate Commissioner in order to collect evidence in a suit for permanent injunction...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Merely because wife is a highly qualified lady may somehow earn some money, she cannot be deprived of maintenance allowance as she was living with her husband at her matrimonial house...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and daughter - Husband has sufficient means to maintain his wife and children - He has deliberately not filed relevant documents before trial Court as well as before High Court regarding total income, total assets, loss and profit as well as balance-sheets of company where he, his father and mother are..........
