Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Reading plaint in its entirety reveal that suit is barred by limitation even without considering case of defence - Order rejecting plaint, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at first appellate stage - Amendment sought to correct survey numbers of suit properties - However, there are discrepancies in the boundaries of suit property - Amendment sought will not help the plaintiff until or unless boundaries of suit property are properly stated - Moreover, failure on the..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - At the appellate stage - Suit can be withdrawn with a liberty to file a fresh suit even in the appellate stage unless the defendant show that he has vested right...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of two Courts below that plaintiff has failed to prove his ownership or possession over suit property - Once possession of plaintiff is not established, there is no occasion for grant of any injunction in favour of plaintiff - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 145, Provincial Small Causes Courts Act, 1887, Section 17 -- Surety - Photocopy of sale deed cannot be accepted as surety for the purpose of S.17 of 1887 Act r/w S.145 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Application filed U.O.7.R.11 CPC attracting provision of O.7.R.10 CPC - Same treated to be one U.O.7.R.10 CPC - Trial Court directed to return the plaint to submit the same before Family Court...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10, Family Courts Act, 1984, Section 7 -- Return of plaint - Petition for appointment of guardian in respect of minor - Filed in District Court - Whereas jurisdiction lies with the Family Court - Petition filed U.O.7.R.11 treated as one U.O.7.R.10 CPC and trial Court directed to return the plaint to submit the same before..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant has not admitted any liability towards plaintiff's claim in his written statement - In fact endeavour of defendant in his written statement is that he has to recover the amount from plaintiffs - One stray sentence from written statement cannot be taken out of..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of lease money - Defendants cannot escape/evade their liability to pay arrears of lease money on the ground that plaintiff had failed to comply with terms and conditions enumerated in lease deed - Defence of defendant rightly struck off...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Resistance to execution of decree by a party against whom no decree has been rendered, would amount to abuse of process - Application u/s 47 CPC rejected...........
