Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Restraining defendant from putting decree for possession in execution till disposal of main suit - Plaint filed by plaintiff does not reveal as to on what basis plaintiff is seeking a better title to suit property - Plaintiff himself stated that suit property is still joint between parties..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Words used in written statement cannot be taken as a ground of divorce, as grounds of divorce have to be set out in plaint itself and must be available to petitioner at the time of filing of divorce petition...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Maintainability - Question regarding maintainability of suit in terms of S.34 of the Act has to be seen with regard to pleadings made in the plaint and would therefore be a question of law which is already settled can be taken at any stage...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in written statement as well as contentions of defendant are wholly irrelevant while considering application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action would not be limited only to actual infringement of right sued, but also includes all material facts on which it is founded...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration of joint ownership - Plea regarding compulsory registration of property, being plea of defence cannot be looked into while deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiff filed the suit after 28 years from date of sale deed - Even plaintiffs stated that defendants are in permissive occupation of suit property - Suit is nothing but a vexatious and an abuse of process of Court -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Consideration of application prior to issuance of summons - There is no bar hearing defendant, if defendant is present...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court while rejecting plaint is not justified in granting plaintiff liberty to amend plaint by seeking appropriate reliefs and paying the court fee...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Amounts to decree - Appeal lies thereagainst - Writ petition is liable to be rejected...........
