Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Issue with regard to maintainability of suit in absence of consequential relief of possession - Question of possession is in dispute - However, said issue cannot be raised first time before Appellate Court, but it should be raised at earliest because if so required, plaintiffs can amend plaint -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If cause of action is not disclosed, plaint as a whole must be rejected - Only a part of plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff instituted suit in respect of Schedules `A' and `B' properties - Defendant asserts that plaintiff has no cause of action against her in respect of Schedule `B' land - Plaint cannot be rejected in part and if no cause of action is disclosed, plaint as a whole must be rejected - However, on a..........
Civil Procedure Code, 1908, Order 7, Rule 11, Benami Transactions (Prohibition) Act, 1988, Section 4 -- Rejection of plaint - Plea that suit is barred u/s 4 of Benami Transaction Act - Plea can be decided only when parties lead evidence and not at the stage of deciding application U.O.7.R.11 CPC - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Defence raised by defendant cannot be considered to decide application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Only averments made in plaint in its entirety are to be considered while deciding application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Validity of marriage - To be decided only after parties lead evidence - The same cannot be decided in an application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration of title on basis of adverse possession - Suit property already transferred by defendant in favour of his daughter prior to filing of suit - Plaintiff did not challenge said sale deed, he thus, had no cause of action to institute suit against defendant - Moreover,..........
Civil Procedure Code, 1908, Section 20(c), Order 37 -- Territorial jurisdiction - Summary suit for recovery of money - Plaint is specific as to cause of action, or at least a part of it, having arisen within jurisdiction of City Civil Court, question of City Civil Court not having any jurisdiction does not arise at all...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery of money - Leave to defend - Plaintiff not only categorically alleged about loan transactions in question including subsequent disbursal of amounts by defendant by way of repayment of loan - He also substantiated such claims prima facie by producing relevant cheque, bank statements and documents..........
