Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- False averment in plaint - Suit not liable to be dismissed...........
Agreement to sell -- Specific performance - Defendant pleaded that no cause of action arose in the suit and suit was liable to be dismissed - Plea rejected, as defendant never chose such issue to be raised by filing application for rejection of plaint - More so, when said issue is not raised before Courts below, same cannot be raised in second appeal...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Right to use electric motor connection - Plaintiff purchased share in land alongwith share in electric motor connection from its previous owners - However, defendant claimed that previous owner had already relinquished their rights in said electric motor connection in her favour - As..........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Land Revenue Act, 1887, Section 158 -- Rejection of plaint - Dismissal of application - Suit for declaration of title - Jurisdiction of civil Court - Title can only be decided by a Civil Court - Trial Court justified in concluding that jurisdiction of civil Court was not barred - Moreover, plea of limitation would be a..........
Civil Procedure Code, 1908, Section 152, 153 -- Correction/amendment of decree - Court may, at any time, amend any defect or error in any proceedings in a suit - S.153 CPC is not only confined to judgments, decrees or orders passed, it also enables Court to permit amendment of any defect or error in any pleadings in a suit - Such amendment is required to be allowed to..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit property - To be examined in the context of pleadings of counter claim - For the purposes of counter claim the suit property is to be examined in the context of pleading of counter claim and not to be restricted to the property described in plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that plaintiff is joint owner and in joint possession - Non party to a document is not required to seek annulment thereof - Suit for declaration that transfer deed is not binding is sufficient - No ad valorem Court fee is payable - Application rightly rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - No claim made against defendant No.2 in the suit - Counsel of defendant No.2 failed to point out as to how he will be prejudiced by order of proceeding ex parte against him - Moreover, case is at the stage of arguments - By allowing application of defendant, case would have to be taken to..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Compromise - Suit decided on the basis of compromise and parties were to remain bound by the compromise - Order amounts to decree as dispute between parties is settled and inter se rights have been decided on basis thereof...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Defendants availed at least three effective opportunities to file written statement so as to contest the suit - However, said opportunities were not availed by defendants - Difficult in getting records and translating them in Court language, would..........
