Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action is not limited to actual infringement of right sued on, but includes all material facts on which it is founded - However, it does not comprise evidence necessary to prove such facts - Still, it takes in every fact enabling plaintiff to obtain a decree...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Issues raised in application could be answered only after trial of case - Such issues cannot be pre-judged merely by looking into the plaint - From the averments in plaint read in its entirely, it cannot be said that plaint do not reveal a cause of action - Order rejecting plaint set..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Cannot be sought on the ground of illness...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Sought on the ground of illness - Petitioner is suffering from serious ill-health i.e cancer - However, in a civil suit, petitioner is not required to appear before Court on every date of adjournment and even if petitioner is suffering with such serious illness, she can seek for appointment of Advocate..........
Negotiable Instruments Act, 1881, Section 4, 87, Civil Procedure Code, 1908, Order 8, Rule 1 -- Promissory note - Filled up in two separate inks - Amount of Rs.35,000/- also filled up in two separate inks - Plea that this aspect not stated in the written statement - Plaintiff in the first instance should have stated in the plaint the reason behind this aspect - Suppressing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere delay not a ground for rejection of application unless and until a serious prejudice is caused to defendants...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - No new case set up by amendment of plaint - Relief claimed by proposed amendment was already in substance in another form - Amendment allowed...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Cross-appeals - Appellate Court cannot decide both the cross-appeals on merits when one of appellants is absent...........
Civil Procedure Code, 1908, Order 41, Rule 17 -- Cross-appeals - Clubbing of appeals - When in cross appeals one of appellants does not appear, appellate Court has to segregate two appeals and deal with appeals U.O.41.R.17(1) or O.41.R.17(2) CPC - In the event appeal is dismissed for default U.O.41.R.17(1) CPC, appellant will have remedy U.O.41.R.19 CPC - If other appeal..........
