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“The phrase “does not disclose the cause of action” must be very narrowly construed. The rejection of plaint at the threshold entails very serious consequences. This power must be exercised only in exceptional circumstances and when the Court is sure that plaintiff does not have any arguable case at all.”
Civil Procedure Code, 1908 – Or. 6 R. 17 – Amendment of plaint — Continuous cause of action
by Dhruv Maurya*
“It is said that the woes for the litigants in this country start once they are able to obtain a decree in their favour and are unable to execute and reap its fruits for years together.”
by Sonakshi Vijay Rajan*
Advocates Act, 1961 — S. 24(1)(f) — Enrolment Fees: Charging of enrolment fees in excess of statutory stipulation under Advocates Act, 1961
“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”
Civil Procedure Code, 1908 — Or. 7 R. 11(d) — Suit or application whether barred by limitation — When no limitation provided for — Power
Interviewed by Zoya Ahmad
Civil Procedure Code, 1908 — Or. 43 R. 1(r) — Infructuous/Futile appeal: Appeal against interim order
Civil Procedure Code, 1908—Or. 7 R. 11—Rejection of plaint — Appeal against Trial Court’s decision allowing application for rejection
The theme of the competition is The Cardinal Concepts of Civil Procedure Code; a Critique or Critical Analysis on Their Evolution and Crystallization
The Court observed that MCD is a big Government Department, and this civic agency must be handling innumerable matters but that does not give any automatic handle to MCD to file written statement as per its own whims and fancies.