Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Basis of proposed amendment is gathering of knowledge from application for amendment of written statement filed by defendant no.2 which was rejected - However, very basis of acquiring knowledge of plaintiffs being violative of O.6.R.17 Proviso CPC, same cannot be accepted - Proposed..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty upon husband - Instances of cruelty appears to be normal wear and tear of marital life - None of instances of cruelty pleaded in plaint amount to commission of cruelty within meaning of S.13 of the Act - Divorce petition rightly dismissed...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit between same parties was withdrawn before Lok Adalat and there was no final decision - Said order would not act as res judicata, as there was no final decision on merits - Suit being injunction suit can be filed as and when cause of action arises - Plaint..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to institute suit u/s 92 CPC - Mismanagement of trust property by trustees - Averments in plaint disclose that proceeds of trust are being utilized by trustees for their personal use which is prohibited in trust deed - Temple is in a dilapidated condition and proceeds of property are not utilized for repair of..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Cause of action arose at the place which is beyond the territorial jurisdiction of Court below - Plaint returned to plaintiff for presentation before Court having territorial jurisdiction...........
Civil Procedure Code, 1908, Order 11, Rule 5 -- Documents - Court can grant leave to plaintiff to file documents, not filed with plaint...........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Directing defendants to vacate the suit property - Plaintiff is father of defendant No.1 - Suit property belongs to father - Nature of possession of defendants being that of a licensee and there is series of litigation between them - Concurrent findings of facts rendered by two Courts below would clearly show..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) To reject a plaint on the ground that suit is barred by any law, only averments in plaint to be referred to; (ii) Defence made by defendant in the suit must not be considered while deciding merits of application; (iii) To determine whether a suit is barred by res judicata, it is necessary..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Adjudication of plea of res judicata requires consideration of pleadings, issues and decision in previous suit - Such a plea is beyond scope of O.7.R.11(d) CPC, where only statements in plaint have to be perused...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Earlier suit was not decided when subsequent suit was filed - Plaint, on the face of it, does not disclose any fact for rejection of plaint on the ground that it is barred by principle of res judicata...........
