Today cpc

[1/27, 18:20] Cpc G. Surya Narayanan Mhc Advt: Section 11, order Vii

2010(8) SCJ 222

Alka Gupta vs Narender Kumar Gupta

Plea of resjudicata is a restraint on right of plaintiff to adjudicate his claim- There is no plea of constructive resjudicata for plaintiff to meet the case- essential requirements to apply resjudicata enumerated – weakness of case or unscrupulousness of plaintiff not a ground for dismissal of suit without trial

Order 6

2010(8) SCJ 714

Ritesh Tewari & another vs State of U.P & others

Party has to plead the case and produce sufficient evidence to substantiate his pleadings- in case pleadings are incomplete, court is under no obligation to entertain the plea

Order 21 rule 10

2010(8) SCJ 261

Maya Devi (d) through Lrs vs Smt. Raj Kumari Batra (d) through Lrs & others

Property attached and sold in execution for suit for recovery of amounts- Compromise entered to deliver possession on payment of amounts- compromise recorded and application to set aside the compromise as void and fraud dismissed and confirmed till Supreme Court- jd filed application to set aside sale as property exempt from sale as residential property- held sale confirmed till Supreme Court cannot be Re agitated
[1/28, 19:30] Cpc G. Surya Narayanan Mhc Advt: Section 100

2011(2) SCJ 576

Municipal Committee, Hoshiarpur vs Punjab State Electricity Board & others

Court has no power to enlarge scope mentioned in statutory provision- second appeal needs to be decided on substantial question of law and not on equitable grounds- second appeal can be entertained by non- consideration of relevant evidence or on erroneous approach found to be perverse- suit challenging bill for excess consumption of electricity decreed, confirmed in appeal- held, trial court and appellate court considered all factual and legal issues-

Order 1 rule 8

2011(2) SCJ 455

Hari Ram vs Jyoti Prasad & another

Suit filed by aggrieved person for removal of encroachment in public street- suit filed need not comply with the provision-

Order 6 rule 1; order 14 rule 1

2011(2) SCJ 622

Relief not founded on pleading cannot be granted- decision cannot be based on grounds outside pleading- pleading and issues are to ascertain real dispute to narrow the area of conflict and where the two sides differ

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