Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - If an allegation made in the plaint is not specifically denied in written statement, then it is treated as admitted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Power of Court is to decide whether plaint discloses cause of action or not - Finding as to truth or otherwise in the allegations made in the plaint based on the contention raised by defendant in the petition U.O.7.R.11 or in the written statement is unwarranted...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - If plaint ex-facie discloses cause of action, Court cannot exercise power U.O.7.R.11...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejecting plaint at threshold based on allegations made in petition is erroneous...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Revenue Courts are not skilled and experienced to try such cases - Suit of such nature is decided by Civil Courts...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Cancellation of sale deed - Allegation of fraud, deceit and fabrication - Filing of counter claim means accepting disputed property under jurisdiction of Civil Court for cancellation of sale deed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Counter claim - Amendment - Relief of mandatory injunction to remove encroachment sought by way of counter claim - Amendment sought to seek relief of permanent injunction to restrain plaintiff from encroaching upon the remaining portion of passage - Amendment sought after trial has commenced - However, since amendment sought..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Trial Court committed error by concluding that there was prima facie case regarding three properties for which injunction was ultimately granted without discussing as to how suit properties were joint - On this count alone order passed by trial Court cannot be sustained and hereby..........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Deficient Court fee - Court fee paid as assessed by Court - Plea that trial Court erred in correctly evaluating the value of property - A contentious issue needs to be determined on the basis of evidence to be led by the parties - Rejection of application - Calls for no interference...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two rival wills qua suit property of common predecessor set up by both the parties - Plaintiff sought amendment to overcome the defect qua descriptions of corpus of property alienated to him under a testamentary disposition made by his predecessor - Amendment sought is necessary and merely clarificatory..........
