Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
Civil Procedure Code, 1908, Order 18, Rule 4, Civil Procedure Code, 1908, Order 19, Rule 3 -- Examination-in-chief by way of affidavit - Affidavit in evidence can factually expand on a plea taken in the plaint - It can also support factual assertions made in the plaint but it cannot contradict or state facts which cannot be derived from the plaint - Practice of filing..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sough for adding relief of declaration as well as for adding pedigree of parties - Suit is pending since 1996 - Plaintiff failed to show before revisional Court or even before trial Court that he had no knowledge of pedigree of parties at the time of institution..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment sought for incorporating relief of mesne profits - Amendment in question cannot be said to be a subsequent event that plaintiff was not aware of at the time of filing suit - Suit is filed in the year 2007 and amendment application filed in 2014 - However, there..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Jurisdiction - Court while deciding application U.O.7.R.11 CPC not to make any observation on merits of case - In the instant case order as to return of plaint upheld but observation of Court with regard to contents of agreement/sale deed shall be considered to be obiter and not to be taken into..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Additional replication to additional written statement - No additional issues can be framed only on the basis of additional written statement and an additional replication - To frame issues, there should be pleadings in plaint itself - An additional replication cannot be treated as part of pleadings...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Before dismissing subsequent suit on the ground that it is barred U.O.2.R.2 CPC, it is necessary to arrive at a definite conclusion that previous suit as well as subsequent suit is in respect of same cause of action - For arriving such conclusion it is necessary that plaint of previous suit is brought..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Dismissal of application without considering objections raised by defendants in their application - Impugned order set aside Matter remanded with direction to decide the application afresh after dealing with objections raised by defendants...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance on the basis of unregistered agreement to sell is maintainable - Order rejecting plaint, set aside...........
