Commercial Courts Act, 2015, Section 12A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pre-litigation mediation - Whether mandatory - Pre-litigation mediation contemplated u/s 12-A of Commercial Courts Act is mandatory - Any suit instituted violating mandate of said provision must be visited with rejection of plaint U.O.7.R.11 CPC - This power can..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Agreement to sell, power of attorney and sale deed whether forged and fabricated documents - Such disputed questions of fact can be decided on basis of evidence to be led by parties - Forgery pleaded cannot be a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering an application U.O.7.R.11 CPC, averments in plaint alone are to be examined and no other extraneous factor can be taken into consideration...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A(3) -- Applications filed for amendment of plaint and filing of written statement to counter claim - These two applications filed when High Court exercising jurisdiction U.O.41.R.25 CPC framed three additional issues and directed District Judge to examine the additional issues,..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint to strike out the name of defendant No.3 from array of parties - In case name of defendant No.3 is deleted it would lead to multiplicity of litigation - Application rightly rejected...........
Civil Procedure Code, 1908, Section 9, Tripura Land Revenue and Land Reforms Act, 1960, Section 188 -- Suit for recovery of possession of suit land based on title - Maintainability of suit - Suit for plaintiff is not barred by S.188 of TLR & LR Act or by S.9 of CPC as contended defendant - Claim of relief of plaintiff can no way be entertained by Revenue Court and the so..........
Easements Act, 1882, Section 13 -- Easement of necessity - Right of pathway - Severance of tenements and non-availability of alternate access proved by plaintiff - Mere fact that adjoining property belongs to wife of plaintiff and that said property has some other access will not deprive a claim of necessity by plaintiff for access to plaint schedule property - Plaintiff..........
Court Fees Act, 1870, Section 13 -- Refund of Court fee - Striking off plaint - Plaint had not been laid by mistake or inadvertence but with full knowledge - There is thus, a ignorance of law - Claim of plaintiff for refund of Court fee rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and prohibitory injunction - Concurrent findings of Courts below that obstruction over suit property as alleged by plaintiff has already been removed by defendant pursuant to order of Tehsildar - As regarding claim of plaintiff regarding right to use the way in question, both the Courts below..........
Civil Procedure Code, 1908, Section 11, 12, Order 7, Rule 11 -- Rejection of plaint - Objections raised by defendant in the case are beyond the scope of O.7.R.11 CPC - Such objections are to be examined after recording evidence of parties during course of trial while deciding suit on merits - It cannot be said that defendant would suffer from any miscarriage of justice in..........