Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Lack of clarity when cause of action arose - Conclusive view cannot be taken at the preliminary stage of deciding if plaint is liable to be rejected...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - New Plea - Present is not a case where it could be said that plaintiff has sought to introduce fresh/new plea in the replication, which does not find mention in the plaint as originally filed - Merely because plaintiff in his replication has extracted/quoted from the statements contained in documents filed along..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Reply to replication - Right of defendant to deal with the averments made in the replication can be addressed by granting an opportunity to the defendants to file an additional written statement - Considering the fact that two additional documents have been filed later and referred to in the replication, defendant is permitted..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Not giving finding on framed point of determination - Amounts to depriving appellant right of hearing and causing him prejudice, which is erroneous and illegal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plea of no, identifiability of disputed property - Neither said plea was taken by defendant in his written statement nor before first appellate Court - Such plea cannot be raised by defendants directly in second appeal - As regarding plea of no, service of notice to defendant is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Courts below concurrently found that plaintiff proved his case but plea of defendant found to be incorrect and unacceptable - Questions regarding whether defendant willingly executed the registered agreement to sell and accepted advance amount and was ready and willing to perform his..........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Objections U.O.21.Rr.97, 99 CPC by Judgment Debtor - Dismissal - Appeal thereagainst is not maintainable as J.D. is not a third party whereas said provisions apply to third person - Remedy if any was to file revision against the same - Appeal dismissed...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Apprehension that defendant will lease out the land - Held, mere leasing out does not amount to dispose of or removal of said property from the local jurisdiction of Court - No case made out for attachment of property - Petition dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Subsequent event occurred during pendency of appeal - Ought to be taken into consideration by appellate Court - Finding on this issue necessarily has to be arrived after appreciation of documents on record - Application allowed...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Striking of defence - Application for closing evidence of defendants was dismissed - Trial Court has already ordered to expedite disposal of suit and granted two effective opportunities to defendants for concluding cross examination of witnesses examined by plaintiff and granted three opportunities to conclude their evidence..........
