Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Suit for declaration - Suit property was transferred to predecessor in interest of defendants in the year 1962 - Said fact is in the knowledge of plaintiff - Cause of action not being a re-occurring event and right to sue having occurred immediately at that time - Suit filed in the year..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiff despite claiming declaration, has not sought any relief for cancellation of sale deed - In the absence of relief of cancellation of said sale deed, suit itself is not maintainable as relief of declaration cannot be granted so long as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Amendment sought for introducing entirely different case by alleging that plaintiff is in possession of suit property though in original plaint, said fact was not pleaded - By way of amendment, plaintiff seeks to withdraw admission already made - Plaintiff cannot be permitted to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pecuniary jurisdiction of Court - Can be decided as preliminary issue after recording evidence of parties - Plaint cannot be rejected on this ground - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If a claim appears to be barred by limitation on the date of filing of amendment application, may be allowed to be incorporated in pleadings by way of amendment if that is required in the interest of justice...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to incorporate a case of fraud and consequential prayer for declaration to nullify the sale of suit property by defendant No.1 to defendant No.2 - However, on the date of institution of suit plaintiff was aware that suit property was sold out to defendant..........
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, Order 7, Rule 10 -- Return of plaint for want of jurisdiction - Appeal U.O.43 CPC - Maintainability - Appeal U.O.43 CPC against order of return of plaint is maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Jurisdiction - If jurisdiction of Court is not decided at interim stage, then at the time of settling the issues, law provides opportunity to parties to raise the issue of jurisdiction and also empowers the Court to decide that issue - Plaint therefore, can be returned not only at initial stage but the..........
