Case Laws on Civil Procedure Rules in India: An Analysis of Select Orders, Study notes of Law

Download Case Laws on Civil Procedure Rules in India: An Analysis of Select Orders and more Study notes Law in PDF only on Docsity! CPC CITATIONS Order 6, Rule 17 and Section 11- Ramasamy Gounder Vs. Dineswaran (2015) 6 CTC 840 Suit for injunction filed by minor, represented by guardian- defendants filed written statement denying title claimed by plaintiff- plaintiff seeking amendment of plaint to include relief of declaration- application was ‘not pressed’ without any liberty to file fresh application- subsequently another application seeking very same relief filed by plaintiff- said application allowed- order challenged in revision- it is true that plaintiff filed similar application earlier and withdrew it without seeking any liberty- mistake committed by guardian should not prejudice minor- plaintiff filed subsequent application immediately on attaining majority- principles of res judicata not attracted- court should look into totality of facts and circumstances and decide whether subsequent application is maintainable. (C.R.P. dismissed) Order 7 Rule 3 & 7- Rajaraman Vs. Subramaniyan (2015) 6 CTC 637 Moulding of relief- suit for injunction- person claiming easementary right cannot simply rely on said part of O.7, R.7 and contend that though no prayer based on easement is claimed or though course of easement over other man’s property is not clearly defined, he shall be entitled to such relief- person claiming easement should precisely plead property over which he claims easement- as plaintiff has not done it, plaintiff’s case deserves to be rejected. (S.A. allowed) Order 7, Rule 11 & Order 1, Rule 10- Govindasamy Vs Manickam (2015) 6 CTC 851 Rejection of plaint- non-joinder of necessary and proper parties- whether plaint could be rejected- consequences thereof- Civil Court can direct impleadment of necessary party at any stage of suit- necessary party can be impleaded even in appellate stage after dismissal of suit by trial Court- plaint cannot be rejected on ground of non-joinder of necessary parties. (O.S.A. allowed) Order 7, Rule 11 & Section 11- Vaish Aggarwal Panchayat Vs. Inder Kumar (2015) 6 CTC 555 Application to dismiss suit on ground that it was hit by res judicata- plaint in subsequent suit alleged that decree in previous suit was obtained by fraud and collusion- cause of action and ground urged for later suit are different from earlier suit- court could not reject plaint under O.7,R.11 and suit to be decided on trial. (C.A. allowed) Order 13, Rule 1 & 3- Narendra Prasad Vs. Indian Express Newspaper Pvt Ltd (2015) 6 CTC 618 Marking of documents- objection for marking- how to be made- when to be made- duty of counsel- nature of objection- classification- (i) objection that document (sought to be proved) itself inadmissible (ii) where objection was not with regard to admissibility of document but with regard to mode of proof- objection to admissibility can be taken even at later stage of appeal or