Civil Procedure Code, 1908, Section 2(2) -- Decree - Definition - Consists of three parts - Main, inclusionary and exclusionary part - Main part is explanatory in nature and defines `decree' as formal expression of an adjudication which conclusively determines the rights of the parties with regard to all or any of the matters in controversy - Inclusionary part expressly..........
Civil Procedure Code, 1908, Order 7, Rule 10, 10-A -- Return of plaint - Court may return plaint for presentation before proper Court at any stage of suit, even at the stage of appeal or revision - Court when follows the procedure U.O.7.R.10-A CPC for return of plaint then such an order is not appealable - No C.M.A. lies...........
Civil Procedure Code, 1908, Order 7, Rule 11, 12 -- Rejection of plaint - Court at the time of assuming jurisdiction can reject plaint for curable defects when not rectified or due to non curable defects - O.7.R.11(b), (c), (e), and (f) are curable defects - O.7.R.11(a) and (d) are defects when plaint does not disclose cause of action or suit is barred by any law - By..........
Civil Procedure Code, 1908, Section 96 -- Appeal - No distinction between a judgment dismissing suit after full trial or order of Court rejecting plaint for any curable or non curable defects U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 13 -- Rejection of plaint - Does not preclude plaintiff from presenting fresh plaint in respect of same cause of action subject to law of limitation, doctrine of ouster of jurisdiction or doctrine of res judicata...........
Civil Procedure Code, 1908, Section 20 -- Explanation, Clauses(a)(c) - Institution of suit - Territorial jurisdiction - Choice of forum - Held, S.20 CPC stipulates guidelines for choosing forum for institution of a suit - A suit can be instituted in Court within whose territorial jurisdiction defendant, or each of the defendants, reside and carry on business or if there..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Specific Relief Act, 1963, Section 14(1)(c),34 -- Rejection of plaint - Grant of licence to run dispensing pump under agreement - Held, only remedy available with licensee was to sue for damages and not for enforcement of licence - Suit filed for enforcement of licence and to seek restoration of supplies by way of mandatory..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 6 -- Plaint - Amendment - Suit u/s 6 of Specific Relief Act - Amendment of plaint to seek relief of declaration and damages - Amendment will change the nature and character of suit - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Partition suit - Plaintiff by way of proposed amendment wants to plead that his father held suit property in fiduciary capacity in trust for benefit of plaintiff and his mother - Held, fiduciary capacity in such transaction arises on account of relationship which father has with minor child - Proposed..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Material document - Not filed with plaint - Discovered later on - Held, any material document relied on the parties is required to be filed before the settlement of issues - A document which is discovered later on can be placed on record only with the leave of the Court...........
