Civil Procedure Code, 1908, Order 7, Rule 11, Constitution of India, 1950, Article 227 -- Rejection of plaint - Civil Revision Petition under Article 227 of Constitution to reject plaint - Not maintainable when remedy is available U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration and permanent injunction - Both the parties claim title over suit property - In case of title over suit property, parties should prove their case by themselves by letting legally acceptable evidence - Considering nature of relief sought in the suit and rival claim..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where earlier suit was decreed on the basis of compromise between parties and not on merit, principle of res judicata was inapplicable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to correct the North and South boundary of suit property - Defendant himself stated in counter raised to the application that description of suit property was incorrectly given by plaintiff - No plea of malafide was taken by defendant before trial Court - Defence taken..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subject matter in both the suits is not one and same - Cause of action in former suit is different from cause of action in subsequent suit - It cannot be said that issue in subsequent suit is directly and substantially in issue in previously instituted suit - Plaintiff not party to the previously..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Matter pertaining to infringement of trademark and there is recurring loss in the business of plaintiff - Pleadings shows clear urgency in the matter - Provision u/s 12-A of the Act not applicable, as same can be attracted only in cases which do..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Matter pertaining to infringement of trademark and there is recurring loss in the business of plaintiff - Pleadings shows clear urgency in the matter - Provision u/s 12-A of the Act not applicable, as same can be attracted only in cases which do..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff claims title through unregistered documents - However, sale deed executed by defendant no.2 in favour of third defendant is a registered one - Plaintiff has not proved a valid title to suit property - No steps taken by plaintiff to cancel the registered sale deed in favour..........
