Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and prohibitory injunction - Concurrent findings of Courts below that obstruction over suit property as alleged by plaintiff has already been removed by defendant pursuant to order of Tehsildar - As regarding claim of plaintiff regarding right to use the way in question, both the Courts below..........
Civil Procedure Code, 1908, Section 11, 12, Order 7, Rule 11 -- Rejection of plaint - Objections raised by defendant in the case are beyond the scope of O.7.R.11 CPC - Such objections are to be examined after recording evidence of parties during course of trial while deciding suit on merits - It cannot be said that defendant would suffer from any miscarriage of justice in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - When plaintiffs claim that they gained knowledge of essential facts giving rise to cause of action only at a particular point of time, same has to be accepted at the stage of considering application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Dismissal of previous application on merits - Subsequent application on the same grounds is barred by res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of civil court jurisdiction - Collector and Mamlatdar did not comply with the statutory provisions and did not act in conformity with the fundamental principles of judicial procedure - There is thus no bar of jurisdiction of civil court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Filed at belated stage - Liberty was granted to plaintiff to file fresh amendment application, however, there is no occasion for plaintiff to wait for three years when suit was listed for final hearing and also in mean time he himself filed petition for early disposal of suit - Moreover, if amendment is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be thrown out at threshold taking into consideration external aid such as revenue records...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of law and fact and where plaint discloses cause of action, it is only after framing of issues and parties after leading their evidence, issue in regard to suit being barred by limitation can be decided and plaint cannot be thrown out at..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - O.7.R.11 CPC provides for rejection of plaint and not rejection of one of prayers made in the plaint or rejection of plaint partly...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Merits and demerits of defences pleas could not have been gone into at the stage of deciding an application U.O.7.R.11 CPC...........
