Civil Procedure Code, 1908, Section 151 -- Conversion of appeal into revision - Suit u/s 6 of Specific Relief Act - S.6(3) of Specific Relief Act bars appeal - Plaintiff applied for conversion of appeal into revision, which stands rejected - Court in exercise of inherent jurisdiction has full authority of law and discretion to covert an appeal into a revision or vice-versa..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - An issue can be decided as preliminary issue when Court is of opinion that case or any part thereof may be disposed of "on an issue of law only" - However, it is further limited to the contingency that issue to be so tried must relate to the jurisdiction of Court or a bar to the suit created by a law in..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - More than one Court having jurisdiction - Plaintiff as `dominus litis' has a right to choose the Court and defendant cannot demand that suit be tried in any particular Court convenient to her/him - Mere convenience of the parties or any one of them may not be enough for the exercise of power but it must also be..........
Civil Procedure Code, 1908, Section 9, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Suit for declaration of sale deed as null and void - Where some reliefs claimed were relating to revenue entries, suit is not triable by Revenue Court - Civil Court would have jurisdiction to adjudicate the matter - Suit, held, maintainable before civil Court -..........
Civil Procedure Code, 1908, Section 20(c) -- Territorial jurisdiction - Suit for recovery of money based on contract - Cause of action arises in such a suit at the place where offer is accepted and if suit is based on termination of contract then cause of action arises at the place where such termination order is received - Offer of petitioner was accepted at place `P' and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected, if allegations made in the plaint, taken to be correct as a whole, on its face value, show that suit is barred by any law - For deciding this question, only the averments made in plaint are relevant - As question of jurisdiction to entertain and try civil suit goes to very root of..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - When an application for adducing additional evidence is allowed, Court has two options, either to record evidence itself or it may direct trial Court to take such evidence and forward the same to it and thereafter dispose of appeal on merits - Appellate Court has no jurisdiction..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - If a suit is wrongly filed in Court then Court should return it to Court where it should have been instituted - O.7.R.10 CPC is applicable and can be invoked only when there is another Court which has jurisdiction to try the suit - If no such forum is available then rule is not applicable...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint for want of jurisdiction - Where Civil Court lacks jurisdiction due to nature of suit, plaint need not be rejected but plaint has to be returned for presentation before proper forum though issues have been settled - Plaint, held, rightly returned...........
Civil Procedure Code, 1908, Section 99, Order 1, Rule 10 -- Defect of formal nature - L.R's impleaded - Wrong description as owners as heirs whereas they are alleged to be owners in their own right - Such defect does not in manner affects merits, jurisdiction and maintainability of suit merely on account of wrong description which does not in any manner cause prejudice to..........
