Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed and permanent injunction - Concurrent findings of facts recorded by two Court below that suit is hit by limitation being not filed for a period of more than 3 years from the date of knowledge of sale deed in question - Mutation of subject land was also recorded way back in the..........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Production of documents - Documents in question relates to the year 2015 and plaintiff filed the application after a delay of 7 years when the matter was fixed for final arguments - Plaintiffs just want to delay the proceedings - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Rejection of counter claim - Counter claim is virtually a plaint - Plaint which falls within teeth of conditions laid down U.O.7.R.11 CPC is liable to be rejected at the threshold for which plaint allegations alone are required to be considered and nothing else...........
Civil Procedure Code, 1908, Order 7, Rule 11, Carriers by Road Act, 2007, Section 16 -- Rejection of counter claim - Counter claim against common carrier in respect of claims for damages for the loss of reputation, business opportunity etc. - Such claims are not in connection with damage or loss to the consignment - S.16 of the Act of 2007 does not come into play -..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of amended written statement - Typographical mistake of figures in the amended written statement - Defendant permitted to carry out proposed amendment as per his application for amendment of written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment seeks to add some more properties purchased by defendants out of joint family properties - Whether said properties are self acquired properties or joint family properties liable for partition can only be decided during course of trial - Merely because said..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Arbitration award under Uniform Domain Name dispute Resolution Policy (UDNRP) - Rule 4(k) and 18 of UDNRP does not prohibit the proceedings of Civil Court - Rejection of application U.O.7.R.11 CPC by trial Court, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Joint application U.O.7.Rr.10 & 11 CPC - As far as prayer concerning application U.O.7.R.10 CPC is concerned, the same not considered by trial Court - Matter remanded to trial Court to consider and decide the issue of territorial jurisdiction of Court...........
Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 8 -- Rejection of plaint - Arbitration agreement - As arbitration agreement is applicable to the subject matter of dispute as such trial Judge was justified in referring the dispute to arbitration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint ought to be rejected if it is vexatious, illusory cause of action and barred by limitation and it is a clear case of clever drafting...........
