Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Adequate averments have been made in the plaint in respect of subject claim - Whether plaintiffs are legally entitled to suit claim or not can be adjudicated only after trial and not in the application U.O.7.R.11 CPC - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether Court is having the power or not to grant the reliefs as prayed for in the suit is a matter of trial and it cannot be decided in an application filed U.O.7.R.11 CPC for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When there are several triable issues involved and adequate averments have been made in the plaint in respect of subject claim, application U.O.7.R.11 CPC is not maintainable - Application dismissed...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3), Evidence Act, 1872, Section 65A, 65B -- Production of documents - Telephonic recording - Recovery suit - Plaintiff wanted to submit the telephonic talk between his brother and defendant in which defendant admitted that he had taken Rs.5 lacs from plaintiff - However, brother of plaintiff is not a party to suit..........
Civil Procedure Code, 1908, Section 151 -- Restoration of appeal - Dismissal of appeal due to non-furnishing of requisite Court fees - Opportunity was given to make good Court fee, but same was not complied with - Even application for restoration of appeal was not accompanied with requisite Court fee - Order of restoration of appeal set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is to be heard at the time of final hearing of appeal - First appellate Court allowed application without any reason in a perfunctory manner - Order allowing application set aside...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Evidence need not always be led by the party who has the right to begin and on whom lies the burden of proof - It is open to him to sustain the onus by facts which he may elicit in cross examination of other party or his witnesses...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Where the defendant admits the facts alleged by plaintiff but contends that plaintiff is not entitled to any part of relief which he seeks, it is the defendant who gets the right to begin...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - O.18 CPC in terms speaks of `hearing' of a suit and not the trial of suit...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Where Court finds that defendant's plea strikes of the root of case, there would be no hitch in asking him/her to prove such plea first which can lead to disposal of the case...........
