Civil Procedure Code, Order 19 Rule 1: Non-filing of an affidavit in support of an application may be an irregularity but not an illegality or inherent defect that cannot be cured.
Civil Procedure Code, Order 7 Rule 1: The pecuniary value of the suit for jurisdiction and court fee purposes is the same. However, a plaintiff cannot claim a substantive relief against recovery and enforcement of a contract under the garb of relief for injunction simplicitor
Civil Procedure Code, Order 7, Rule 10: The plaint can be returned for want of cause of action. Only the averments made in the plaint are considered, and the defendant cannot take advantage of averments in the written statement
Civil Procedure Code, Section 148 and Order 8, Rule 1: Delay in filing a written statement can be condoned, even if not strictly mandatory, based on the peculiar facts and circumstances of the case
Civil Procedure Code, Sections 2 and 20 and Order 7, Rule 1: The place of cause of action is determined from the bundle of facts of the case as a whole. Objection to the place of action must be raised at the first instance. Once an integral or material part of the cause of action arises within the jurisdiction of a court, that court cannot be said to have no jurisdiction
Debt Recovery Tribunals Act, Section 18: A suit for injunction can be entertained by a civil court, but if the plaintiff refers to the protection available under the Debt Recovery Act, the suit will not be maintainable
Specific Relief Act, Section 34: A suit for declaration without claiming further relief is not maintainable. However, the court may grant an opportunity to amend the suit in the interest of justice before dismissing it
2006 PLRonline 0103 (Del.)
