Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Order to take documents on record not to be construed that such documents are admissible in evidence...........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 18, Rule 17 -- Late production of documents - Documents annexed with application have already been tendered in evidence and got exhibited - Defendants already received the costs as directed by trial Court - No interference warranted in impugned order of allowing application...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue regarding limitation is a mixed question of fact and law, which can be decided by Trial Court after framing issues and taking evidence of both parties - Plaint cannot be rejected on point of limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Purpose of O.7.R.3 CPC, is to ensure that there is description of suit property sufficient to identify the same, which is with intent and purpose that in a case a decree is passed, it ought to be an executable decree and does not remain a mere paper decree...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - O.7.R.3 CPC is not mandatory - Defect in description can also be cured in execution proceedings, however for passing of an effective decree, it is necessary that in every suit, where relief of possession is claimed in respect of immovable property, a plaint map should be filed showing location,..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Suit for permanent injunction - Plaintiff purchased suit land by virtue of sale deed - However, boundaries as given in sale deed, do not tally with boundaries as mentioned in plaint - Plaintiff has not taken care to place on record a plan/sketch or apply for inspection and measurement by any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation and res judicata - It is a mixed question of law and fact, which can be decided after framing issues and after parties lead evidence - Plaint cannot be rejected on said issues...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application for rejection of plaint is liable to be decided on basis of averment in plaint and not on basis of material produced by defendants either in written statement or in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff cannot be non suited on the premise that he has a very weak case or case set up in unconvincing or uninspiring...........
