Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, 10 -- Rejection of plaint - Jurisdiction - Bank employee - Termination of service - Suit for damages, declaration, recovery of salary and arrears and that services were terminated illegally and arbitrarily without compliance of terms and conditions of employment - Suit filed at the place where plaintiff was working..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Suit for damages - Amount of damages shall be determined after adducing of evidence and liberty would be afforded to plaintiff to affix court fee accordingly - Application rightly rejected...........
Adverse possession -- Plaintiff neither by way of documentary and/or oral evidence has even claimed that he was in possession of property as owner and has not even disclosed point of time from which his possession, became adverse to true owner - Entire emphasis of plaintiff in plaint has been his being in possession - Merely being in possession of a property for a long..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of ownership - Plaintiffs in their plaint are claiming to be natural legal heirs of deceased - Defendant on the other hand are disputing natural succession of deceased on basis of Will - Thus, it cannot be said that plaint filed by plaintiffs does not disclose any cause of action -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Plaintiffs by way of second amendment application sought to introduce and elaborate further facts within four corners of amended plaint - Amendment sought introducing new cause of action were only in the nature of elaborating pleadings already existing after first amendment - However,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Whether a plaint can be rejected on the ground of limitation or not would depend upon facts of that particular case...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - At the stage of decision of an application U.O.7.R.10 CPC, Court is only required to go through contents of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit instituted at place `H' - As per averments made in plaint, part of cause of action arises at place `H' - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 6, Rule 17 -- Application for additional evidence and amendment of plaint filed at first appellate stage - Both the applications interconnected and having direct nexus with one another - Both the applications be considered at the time of final hearing of appeal...........
Specific Relief Act, 1963, Section 38 -- Injunction - Suit for specific performance and injunction - Restraining defendants from operating factory - Defendant's control and possession over factory admitted in plaint - In a suit for specific performance of this nature, where defendant's ownership, possession and control over factory are admitted, there was thus, no scope to..........
