Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation of suit - Such plea can be gone into when defendant raises such a plea in the written statement and if any determination is made against plaintiff and Court fee is not paid, then provision of S.7.R.11(b) CPC comes into force - Prior to said stage, it cannot be said that plaint is liable to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering such application only the plaint allegations need to be looked into and defence of defendant cannot be taken into consideration at this stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Clerical mistake - Wrong mentioning of survey number in plaint - Amendment sought to correct survey number which was mistakenly mentioned in the plaint - Suit was filed for perpetual injunction and nature and character of suit will not be changed by permitting amendment of survey number - No prejudice..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit dismissed by trial Court - Appellate Court allowing plaintiff to produce additional document and remanding case for decision afresh - Such general remand not causing prejudice to defendant who can adduce evidence in rebuttal - Order calls for no interference...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Appellate Court has jurisdiction to rehear appeal on questions of law as well as fact...........
Civil Procedure Code, 1908, Section 96, Order 41, Rule 31 -- First appeal - First Appellate Court is required to comply with requirements of O.41.R.31 CPC and non-observance of these requirements lead to infirmity in judgment - High Court not complied with any of said requirements - High Court has to re-consider the matter - Matter remitted back to High Court for fresh..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of probate proceedings - With liberty to file afresh - Executor has not claimed that there is any formal defect in probate proceedings - Application for withdrawal has not specified any ground far less sufficient ground for allowing executor to institute a fresh suit for subject matter - Since neither of two..........
Civil Procedure Code, 1908, Section 96, 115, Order 7, Rule 11 -- Rejection of plaint - Order allowing application - It is appeal and not revision which lies thereagainst - However, where application is rejected it is revision which lies against such an order...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Restoration of application U.O.21.R.97 CPC dismissed in default - Application filed on the pretext that counsel was ailing - No evidence, as such, placed on record in support of their contention - It cannot be ruled out that recourse to application U.O.21.R.97 CPC was adopted to install execution proceedings..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree attained finality by drawing up of final decree which is executed - Plaintiff cannot seek modification of share granted to her in preliminary decree...........
