Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction - Plaint discloses all the factors and also shows that defendant is trying to sell the land - Contention of defendant that there is no cause of action cannot be accepted - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of cases - When most of properties are situated within jurisdiction of District Courts at place `R' and all the parties are also permanent residents of said place, it is desirable to dispose of all the cases pending between parties by District Court at place `R' - Application allowed...........
Civil Procedure Code, 1908, Section 10 -- Stay of first suit - Second suit filed by defendant was merely a ploy to delay the proceedings in the first suit - Order dismissing application, upheld...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Civil suit dismissed on an application filed U.O.23.R.1 CPC, as plaintiff does not want to continue the proceedings - Parties have entered into an outside Court settlement and does not want indulgence from Court for outside Court settlement - In such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory and permanent injunction filed by only one of legal heirs of deceased - To hand over the original R.C of vehicle purchased by father of plaintiff and to restrain them from taking possession of the same in an illegal or forcible manner - When vehicle purchased by deceased was inherited..........
Civil Procedure Code, 1908, Section 152 -- Correction in judgment and decree - Rectification in regard to the typographical mistake as found in view of the plaint - In view of S.152 CPC, clerical and arithmetical mistake can be rectified in the judgment and decree as well - Application allowed for proposed amendment-B...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue of limitation is a mixed question of fact and law and same cannot be decided as a preliminary issue...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - High Court in second appeal cannot examine the correctness of finding on facts by Court below unless said findings are inherently improbable or perverse...........
Civil Procedure Code, 1908, Order 41, Rule 23A, 25 -- Remand - Whenever an appellate Court is of the view that an additional issue ought to have been framed by trial Court then correct course to be adopted by Appellate Court is to frame the additional issue and thereafter remand the matter back for adjudication of that additional issue - Wholesale remand of matter is held..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Once additional issues had been specifically framed before trial Court, it was incumbent upon trial Court to have returned the findings on all the issues whether framed originally or additional issues, particularly when evidence has been led on all the issues by parties...........
