objections to the
maintainability of the present suit and the jurisdiction of this court to
entertain the present plaint. It is submitted that the reliefs ... entire plaint averments
and cannot reject the plaint by reading only few
lines/passages and ignoring the other relevant parts of
the plaint.
7.2. Applying
Rule 2 of CPC .
14.7. In the present case, the cause of action in the present Plaint is different
from the cause of action ... plaints must be read as a whole and if after reading both
the plaints and identifying the cause of action in both the plaints
plaint, under this sub-rule.)
(2) Procedure on returning plaint- On returning a plaint the Judge shall endorse thereon the date of its presentation ... plaint was presented in that court. In the other words the suit instituted in the Trial Court by the presentation of the plaint returned
self-acquired property' of the donee.
IN THE PRESENT PLAINT, THERE IS NO MENTION OF ANY
IDENTIFIABLE PROPERTY EVER OWNED OR BUSINESS CARRIED ... HINDU JOINT FAMILY, IS
LACKING IN THE PLAINT
58. In the present plaint, there is no mention of any identifiable property
ever owned
relief, i.e., payment of wages, sought in the
present plaint is barred by limitation, the Court can always mould the relief
and grant recovery ... extent that is within limitation. Accordingly, the
present plaint is not liable to be rejected on the ground of limitation.
HOWEVER, BELIEVING ALL THE AVERMENTS
facts and circumstances
of the present case."
4. The present suit being a commercial suit, the plaint, as filed by
the plaintiffs, is accompanied ... plaint under this sub- rule.
(2) Procedure on returning plaint. - On
returning of plaint, the Judge shall endorse thereon the
date of its presentation
completely contrary position as compared to the stand taken in
the present plaint, was taken by plaintiff herein in the
affidavits/applications filed on behalf ... ground for rejection of the
plaint.........."
48. In the plaint, the following facts have been pleaded:
I Present suit pertains to property bearing
plaint.--(1) Subject to the
provisions of rule 10A, the plaint shall at any
stage of the suit be returned to be presented ... plaint under this sub-rule.
(2) Procedure on returning plaint. --On
returning a plaint, the Judge shall endorse
thereon the date of its presentation
pages 1215, 1220 and 1222 of the documents filed with the
present plaint). In addition, the plaintiff has also placed on record in the
present ... Seals' (pages 1214-
1236 of the documents filed with the present plaint).
46. After the service of the written statement in CS(COMM
towards professional/legal fees.
Whereas, in paragraph no. 12 of the present plaint, the plaintiff has stated to
have paid the said amount as consideration ... suit properties, the plaintiff has not disclosed the same in the present plaint.
Therefore, on this ground alone the present suit is not maintainable
