Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Court - Eviction suit - Extension of municipal limits - The moment demised premises which happened to be rural property becomes urban area by inclusion within municipal limits, Rent Act would be applicable and jurisdiction of Civil Court would cease to exists...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of court - Exemption as to applicability of Rent Act - Expiry of exemption period during pendency of suit - Civil Court will have jurisdiction to continue as rights of parties are to be seen at he time of filing of the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 34 -- Declaratory suit pertaining to forged guarantee documents - Rejection of plaint - Jurisdiction of civil Court - Held, S.34 of the Act bars jurisdiction of civil Court in case documents of loan/guarantee..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Powers of court - Suit whether barred by limitation or not, is a mixed question of fact and law - Court cannot exceeded its jurisdiction by entering into merits of case nor can travel beyond statement in plaint - Held, rejection of plaint on ground that suit is barred by limitation is not proper...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Denovo trial - When plaint is returned for want of jurisdiction and when it is presented before proper court, proceedings be taken afresh and it cannot be treated as continuation of the suit filed in wrong court - Delay in raising an objection by defendant in this regard and seeking fresh trial is not a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment seeking relief of declaration with consequential amendments including valuation of suit for the purpose of court fee and jurisdiction - Proposed amendment does not change the nature of suit - Amendment sought deserves to be allowed in order to ensure..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Three issues viz. (a) issue relating to inherent jurisdiction; (b) limitation; (c) pecuniary jurisdiction tried as preliminary issues - Once the Court came to a conclusion that it does not have pecuniary jurisdiction to entertain the suit, it ought not to have proceeded for rendering the decision on the..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil court - Award of Lok Adalat - Binds only the parties and it will have no binding effect on respondent, when he was not a party to the award and when award was obtained fraudulently, without making him party to the alleged settlement - Therefore, he has every right to challenge the same by way of filing a suit,..........
Civil Procedure Code, 1908, Section 47, 39(3) - - Transfer of decree for execution - Competent Court - Held, transferee Court would be a Court of competent jurisdiction to execute decree even if it had otherwise no jurisdiction to try suit provided subject-matter of suit wherein decree was passed does not exceed pecuniary limits, if any, of its ordinary jurisdiction at the..........
Civil Procedure Code, 1908, Section 89, Order 7, Rule 10 -- Return of paint - Dispute settlement through private forum - Agreement between parties - When said forum is not competent to grant declaration/interim reliefs, parties are not debarred to initiate a civil suit in the competent court for the reliefs including damages for the work done by them - Jurisdiction of..........
