Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Deficient Court fee - Plea that land sold exceeded what was agreed or that consideration was not paid are questions of fact, to be adjudicated in trial proceedings after proper pleadings and evidence - Those contentions do not affect legal requirement of affixing proper..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Cases are clubbed and consolidated in order to avoid multiplicity of recording evidence etc. as also adjudication in isolation of one lis which may have bearing on the other lis...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Legal test for purposes of rejection of plaint and for adjudication of interim relief can be culled out as follows : (i) S.12-A of Commercial Courts Act mandatorily requires pre-institution mediation for commercial suits, non-compliance of which..........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Subject matter of suit is continuing infringement to intellectual property - In actions alleging continuing infringement of intellectual property rights, urgency must be assessed in the context of ongoing injury..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - When there are multiple issues and if burden of proving some of issues is on defendant in such a case O.18.R.3 CPC gives an option to plaintiffs either to produce evidence on those issues or to reserve it by way of answer to evidence produced by other party - When plaintiff exercises such option, he can..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - When there are several issue in a case in respect to issue where burden is on defendant to prove, plaintiff can exercise the option as provided U.O.18.R.1 CPC - However, in respect to other issues right to lead evidence is always on plaintiff...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Provision contained U.O.12.R.6 CPC is not mandatory in nature - Said provision merely confers a discretionary power upon Court to pronounce judgment and decree on basis of admissions made by parties - Use of expression "may" in the Rule, rather than "shall," indicates that power is enabling and..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court must, in each case satisfy itself that admission relied upon is complete, definite and incapable of any other interpretation before invoking said provision...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Decree holder himself need not make an application for getting decree executed - Same may be moved by some other person proved to satisfaction of Court who is well acquainted with facts of case and application contains in a tabular form, the particulars enumerated in O.21.R.11(2) Clauses (a) to Clause (j)...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Signing and verification of execution application cannot be equated with that of verification of pleading as mandated U.O.6.R.15 CPC - Application for execution of decree can be moved by signing and verifying either by decree holder or by some other person proved to satisfaction of Court to be acquainted with..........
