CPC
CPC O. 7 R. 11(d)- Whereas in a given case, an application for rejection of the plaint may be filed on more than one ground specified in various sub-clauses thereof, a clear finding to that effect must be arrived at.
CPC O. 7 R. 11(d) , CPC O. 14 R. 2 – Order 7 Rule 11(d) of the Code has...
Read moreSuit – Maintainability of – Trial court may, after framing the issues, take up the issues which pertain to the maintainability of the suit and decide the same in the first instance
Suit - Maintainability of – Issue may be decided at the first instance – Appellant/ defendant has mentioned about the...
Read moreCPC O. 7 R. 11 – Defense in the written statement cannot be gone into – One has to only look into the plaint for the purpose of deciding application under Order VII Rule 11, CPC
CPC O. 7 R. 11- Civil Procedure Code, 1908, Order VII Rule 11 – Application claiming rejection of the plaint...
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CPC O. 18 – Evidence – Multiple Defendants – Who will lead evidence first.
CPC O. 18 - So far as the defendants go, the question which of the defendants should begin has not...
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CPC O. 39. R. 1, 2 – Suit for specific performance – Injunction granted
CPC O. 39. R. 1, 2 - Suit for specific performance is pending before the trial Court, we can consider...
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CPC O. 8 R. 6A – Counter-claim can not be filed after the issues were framed
Civil Procedure Code, 1908 (V of 1908), Order VIII Rule 6A - Counter-claim was filed after the issues were framed,...
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Evidence Act S. 137 – CPC O. 18 – Order in which the cross examination of the plaintiff’s witnesses is to be conducted
I have gone through the aforesaid three authorities and I find myself to be in agreement with the reasoning given...
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CPC O. 18 R. 17 – is merely an enabling provision for the convenience of the Court and the same cannot be utilized by the parties to re-examine any witness in order to fill lacuna in the case.
Provision in terms of Order 18 Rule 17 is merely an enabling provision for the convenience of the Court and...
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CPC O. 18 R. 17 – Recalling of the witness for further elaboration on the left out issues is wholly impermissible in law.
CPC O. 18 R. 17 - Recalling of the witness for further elaboration on the left out issues is wholly...
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Court fees deficit
CPC S. 149 - Section 149 raises a legal fiction in terms whereof as and when such deficit court fee...
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Court fee stamps not affixed
CPC S. 149 - CPC O. 7 R. 11(c) - Appellant while presenting the plaint inter alia contended that sufficient...
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CPC – We have, however, serious reservations as to whether the civil court could hear a defendant before registering a plaint
Practice and procedure - CPC - We have, however, serious reservations as to whether the civil court could hear a...
Read moreCPC O. 7 R. 11(d) – Bar to approach the Civil Court – issue relating to a common drain between two private individuals
Civil Procedure Code 1908 (V of 1908) Order 7 Rule 11(d) - Bar to approach the Civil Court - There...
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CPC O. 7 R. 11, except for the disputes arising to the limited extent all other issues were held to be maintainable before the civil court. – Wakf Act S. 85.
Court while examining the bar of civil court as contemplated under Section 85 of the Wakf Act, 1995 had drawn...
Read moreCPC S. 100 – To be “substantial”, a question of law must be debatable, not previously settled by the law of the land or any binding precedent,
CPC S. 100 - To be “substantial”, a question of law must be debatable, not previously settled by the law...
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