Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Petitioner seeking transfer of a case from one Court to other does not have to establish actual bias, what is required is that petitioner seeking transfer must have a reasonable apprehension of bias...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Merely because one of parties in its pleadings (that too before a Court other than Court where subject suit is pending) alleges that other side deliberately enhanced valuation of suit to ensure that suit comes out of jurisdiction of concerned trial Court, it cannot be overstretched to mean that party making such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where several reliefs are sought in suit, if any one of reliefs is within the period of limitation, plaint cannot be rejected as barred by law by taking recourse to O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application for rejection of plaint only averments made in plaint and nothing else is to be considered to find out whether suit is barred by law - At this stage, defence is not to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a suit is instituted for possession, based on title to defeat suit on the ground of adverse possession, burden is on defendant to prove adverse possession for prescriptive period - This, therefore, cannot be an issue on which plaint could be rejected at threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that mutation is illegal null and void - Plaintiffs had clearly disclosed that they had been contesting Will in mutation proceedings which culminated in the year 2017 - Suit was instituted within 3 years thereafter to declare mutation entry illegal - Thus, considering that mutation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether the defendants perfected their title by adverse possession would be a mixed question of law and fact and can appropriately be addressed only after evidence is led - Same cannot be made basis to reject plaint at threshold - Application rejected...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - First suit instituted by predecessor-in-interest of plaintiff was not tried - In fact, plaint of that suit was rejected U.O.7.R.11 CPC as not being properly framed - In such circumstances, a fresh suit with appropriate relief cannot be prima facie barred by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea relating to evidentiary validity of document - Cannot be examined at the stage of considering an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint disclosing cause of action that is not barred by any law - Applications rightly rejected...........
