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 39, Rule 1, 2 -- Ex parte temporary injunction - Plaintiffs and defendants are staying in the same property - Defendants have illegally entered first floor of property - Moreover, defendant no.1 is trying to sell off property - Defendants also compelling plaintiffs to vacate suit property - If property were sold by defendants to third..........
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, 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 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file comprehensive suit - Application for withdrawal of suit filed after completion of evidence and at the stage of hearing - Plaintiff has not pleaded that there is any formal defect in the suit or pleadings - She has not only to explain delay in filing application but at the same..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was proceeded ex parte on the basis of notice sent through registered cover and report of postman regarding refusal - Postman not examined in evidence - Plaintiff knew that Director of defendant Company works in Hospital - Even, no effort was made to serve defendant on that address..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Where plaintiff while withdrawing earlier suit obtains permission of Court to file fresh suit for comprehensive relief, subsequent suit will not be barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action in earlier suit and subsequent suit same - In the earlier suit, plaintiff intentionally relinquished a portion of his claim - Held, plaintiff would not be entitled to sue subsequently in respect of portion of his claim so omitted or relinquished...........
