Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Filed by one out of several defendants denying plaint averments - Plaintiffs claim be proved by evidence, oral and documentary, instead of decreeing suit against one of defendants in most slipshod manner...........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2015, Section 12(2) -- Return of plaint - Lack of pecuniary jurisdiction - Commercial dispute - S.12(2) of CC Act stipulates that pecuniary jurisdiction should be determined based on aggregate values delineated in statements of claim and counter claim on the date of presentation, rather than additional..........
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 7, Rule 11 -- Rejection of plaint - Whether suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation being a mixed question of law and facts, has to be decided after considering the evidence of parties and hearing them after framing an issue as to limitation - Application dismissed...........
Will -- Suspicious circumstances - Plaintiff stated that Wills were executed on stamp papers, however, Wills on record have been executed on plain papers - Defendants have taken a plea that their thumb impressions were obtained on some blank papers on the pretext of using these thumb impressions in civil case - Both the testators were illiterates is duly corroborated by..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and consequent thereto amendment of plaint - Suit for specific performance - During pendency of suit brother of father of defendants No.2 & 3 gifted the suit property - If said persons are not allowed to be impleaded as defendants, it would definitely create..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - To be liberally construed and has to be treated on different pedestal than that of amendment of plaint - In case of amendment of written statement, defendant is entitled to take inconsistent pleas and in appropriate cases, even admission made on earlier occasion, can be allowed to be withdrawn..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, only averments contained in plaint are to be considered...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Defendant sought rejection of plaint on the ground that alleged sale deed has not been challenged by plaintiff in the suit - However, plea of plaintiff that he got knowledge of existence of sale deed at a later date is an essential fact which could not be decided at the stage of deciding..........
