Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - Plaintiff died during pendency of appeal - No one has come forward to bring his LRs on record - Suit shall abate against deceased plaintiff and judgment may be pronounced notwithstanding his death - Suit filed by deceased plaintiff shall stand decreed...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim not only be set up "against the claim of plaintiffs" and the same can even be on a separate or independent cause of action...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Where both the parties to lis are the same and suit property is the same, there is no ground to ask defendants to file a separate suit and counter claim cannot be excluded from main suit...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12A -- Return of plaint - Non compliance of provision of S.12-A of Commercial Courts Act - Prayer for urgent relief is to by pass the statutory mandate of pre-litigation mediation as such Court returned the plaint for representation for complying the requirement u/s 12-A of the Act - Plaint..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12A -- Return of plaint - Non compliance of provision of S.12-A of Commercial Courts Act - Prayer for urgent relief is to by pass the statutory mandate of pre-litigation mediation as such Court returned the plaint for representation for complying the requirement u/s 12-A of the Act - Plaint..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court can pronounce the judgment on the basis of clear, categorical, unequivocal admissions of facts in issue made by a party...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court can pronounce the judgment on the basis of clear, categorical, unequivocal admissions of facts in issue made by a party...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Question of valuation of suit and pecuniary jurisdiction is a mixed question of law and facts - It cannot be decided as a preliminary issue...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 14 -- Pleadings - No document can be brought on record without any substantive pleading...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
