Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12(2) -- Return of plaint - Lack of pecuniary jurisdiction - Commercial dispute - Specific value in an arbitration of a commercial dispute is less than pecuniary jurisdiction stipulated u/s 5(2) of Delhi High Court Act r/w S.12(2) of CC Act - Plaint ordered to be returned to Court of..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim is completely distinct from cause of action on which plaintiff has approached Court - Merely because parties are same and properties are adjacent, it will not necessarily lead to an inference that issues are connected and claims of both the parties should be tried..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim is completely distinct from cause of action on which plaintiff has approached Court - Merely because parties are same and properties are adjacent, it will not necessarily lead to an inference that issues are connected and claims of both the parties should be tried..........
Civil Procedure Code, 1908, Section 21 -- Pecuniary jurisdiction - Objection as to - Appellant did not raise objection as to pecuniary jurisdiction of trial Court in first appeal - Even, there is no whisper of averment/contention as to how appellant suffered prejudice on account of lack of Pecuniary jurisdiction if any - Appellant not permitted to raise objection as to..........
Civil Procedure Code, 1908, Section 16 -- Unlimited pecuniary jurisdiction - Objection regarding valuation of suit and Court fees - Where suits are filed in a Court having unlimited pecuniary jurisdiction, defendant does not have any vested right to raise objections regarding valuation of suit property and Court fees paid thereon - In case valuation is disclosed by..........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - Four immovable properties situated within jurisdiction of different Courts - Plaintiff has choice to institute suit at any of the four Courts, subject to the pecuniary jurisdiction of that Court i.e. the Court should have pecuniary jurisdiction over the value of the suit by considering the aggregate value of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Rejection of application on ground of lack of pecuniary jurisdiction - Court did not return the plaint and did not follow procedure prescribed U.O.7.Rr.10, 10-A CPC - Impugned order set aside - Application U.O.39.Rr.1,2 CPC allowed - Matter remanded to trial Court to comply with requirements of..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue as to Court fee - Only in cases where question of payment of court fee affects the very pecuniary jurisdiction, it is necessary for court to investigate, examine and then decide it as a preliminary issue - In other disputes relating to court fee, it should be left to the discretion of court either to..........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Court shall be deemed to be Court of competent jurisdiction if at the time of making application for transfer it had pecuniary competence to try the suit as per S.39(3) CPC...........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of decree - Jurisdiction cannot be conferred by consent of parties if Court is lacking pecuniary jurisdiction...........
