Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to - Application for examination of plaintiff by medical board - Defendants never prayed for medical examination of plaintiff by medical board in their objection to application for appointment of next friend of plaintiff - Application filed at the appellate stage - It cannot be said that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where pleadings does not disclose a clear right to sue, then Court should exercise its power U.O.7.R.11 CPC and such a suit has to be nipped in the bud at first hearing itself...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When none of reliefs sought in the plaint can be granted to plaintiff under the law, suit should be thrown out at the threshold...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Conclusion in second appeal was devoid of any independent finding on substantial question of law formulated by High Court itself - High Court committed error in not recording a finding on question of law formulated later - Judgment passed by High Court dismissing suit of plaintiff set..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for rejection of plaint be decided before deciding application for temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs have not impleaded Improvement Trust as a party which would be concerned authority to put forward correct picture, since notices were issued by said authority - Improvement Trust would be best person to apprise Court as to what was exact status of disputed land - Even, basis of claim of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a plaintiff claims that he gained knowledge of essential facts giving rise to cause of action only at a particular point of time, same has to be accepted at the stage of considering application U.O.7.R.11 CPC.`..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Plea of constructive notice raised with a view to sustain plea of limitation cannot be accepted at the stage of dealing with an application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Where a party who never had any notice of a particular proceeding before a quasi judicial authority, is entitled to approach Court upon gaining knowledge of proceedings - Limitation cannot be put against such a party - Since, plaintiffs asserts clearly that notices were never..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court in view of S.85 of Maharashtra Tenancy and Agricultural Lands Act - Civil Court was obliged to see whether appointment of a receiver for administration of Estate of a deceased person would actually fall within mandate of S.88-B(1)(d) of Maharashtra Tenancy and..........
