Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - For determining whether plaint discloses any cause of action or not, Court has to see only averments in the plaint and accompanying document relied upon in the plaint and the fact elicited from plaintiff by examining him U.O.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into defence set up by defendant while deciding application U.O.7.R.11 CPC - Court has to presume the fact stated in plaint as correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot look into defence set up by defendant while deciding application U.O.7.R.11 CPC - Court has to presume the fact stated in plaint as correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Only plaint averments can be seen at this stage - Whether any fraud has been committed or not has to be determined only after recording of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - Plea of 1965 partition - Specific amendment in the pleadings was sought by plaintiff with reference to 1965 partition but the same was rejected - Even the pleadings to that effect sought to be taken in replication filed by plaintiff was struck off by trial Court - In such a situation, evidence with..........
Consumer Protection Act, 1986, Section 23 -- Consumer complaint - Home loan - Interest rate - Dispute as to - Terms and conditions of agreement - Agreement when executed and loan amount received appellant cannot raise any objection for the first time when rate of interest was increased after having acquiesced by signing the agreement - Appellant having repaid the loan..........
Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Written statement - Allegations in plaint must be dealt with para wise - There must be specific admission and denial - General or evasive denial is not sufficient - Preliminary objections must be taken in a separate set of paragraphs - Additional pleadings can also be raised in the written statement, if required...........
