Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At the stage of deciding an application U.O.7.R.11 CPC, Court cannot go into truthful or veracity of averments made in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When plaintiffs in plaint claimed that they gained knowledge of essential facts giving rise to cause of action only at a particular point of time, same has to be accepted at the stage of adjudication upon an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while exercising power U.O.7.R.11 CPC is required to see whether averments as made in the plaint are contrary to statutory law or barred by any law and whether case is made out for rejecting plaint at the very threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession in respect of Gair mumkin shop - Suit has been filed in 2019 i.e within a period of 10 years - It cannot be at this stage ascertained as to whether provisions of the Act are applicable and as to whether suit would be maintainable or not - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 -- Ex parte decree - Appeal against - Appellant while challenging ex parte decree by filing an appeal, can always point out from record of trial Court that order passed to proceed with the suit ex parte against him was illegal...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex parte decree - Appeal against - Appellant can always point out from record of trial Court that order proceeding him ex parte was illegal - Record shows that attempt to service summons by regular mode failed as premises of appellant were found to be locked - Trial Court did not..........
Deposition of a witness -- All Courts whether civil or criminal have obligation to read over deposition to witness before he is called upon to affix his signature...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - O.16.R.1(3) CPC confers a wider jurisdiction on Court to cater a situation where party has failed to name the witness in list or party is unable to produce him or her on his own U.O.16.R.1-A CPC - In such situation party out of necessity may seek assistance of Court U.O.16.R.3 CPC to procure presence..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Contention that application filed only to delay the trial - Contention rejected, as defendants already deleted almost 18 witnesses and two have died during pendency of trial - Moreover, defendant was also burdened with costs of Rs.5000 for inconvenience caused to plaintiff - Application rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Question of maintainability of suit cannot be effectively decided while deciding an application U.O.39.Rr.1, 2 CPC, as at this stage prima facie assessment has to be made qua material on record...........
