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    4. MISC. APPLICATIONS UNDER VARIOUS ORDERS OF CPC LIMITATION ACT ETC

    MISC. APPLICATIONS UNDER VARIOUS ORDERS OF CPC LIMITATION ACT ETC

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    APPLICATION ON BEHALF OF DEFENDANT UNDER ORDER VII RULE 10 AND 11 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 AND SECTION 3 OF THE LIMITATION ACT, 1963 SEEKING REJECTION OF THE PLAINT OF THE PLAINTIFF UNDER ORDER VII RULE 11 CPC AS THE PLAINT DOES NOT DISCLOSE ANY CAUSE OF ACTION IN FAVOR OF THE PLAINTIFF AND THE PLAINT IS ALSO BARRED BY THE LIMITATION ACT, 1963 ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of defendant under order vii rule 10 and 11 read with section 151 of the code of civil procedure, 1908 and section 3 of the limitation act, 1963 seeking rejection of the plaint of the plaintiff under order vii rule 11 cpc as the plaint does not disclose any cause of action in favor of the plaintiff and the plaint is also barred by the limitation act, 1963 alongwith affidavit in support.
    APPLICATION ON BEHALF OF DEFENDANT UNDER ORDER VII RULE 11, READ WITH SECTION 151 OF CIVIL PROCEDURE COURT SEEKING REJECTION THE PLAINT AGAINST THE APPLICANT / DEFENDANT AS THE AVERMENTS IN THE PLAINT IN SO FAR AS IT RELATE TO THE APPLICANT / DEFENDANT ARE RELATED TO AN ALLEGED AGREEMENT BETWEEN THE OTHER TWO DEFENDANTS TO WHICH THE PLAINTIFF IS NEITHER THE PARTY NOR HAS ANY PRIVITY AND HENCE THERE IS NO CAUSE OF ACTION AGAINST THE APPLICANT / DEFENDANT ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of defendant under order vii rule 11, read with section 151 of civil procedure court seeking rejection the plaint against the applicant / defendant as the averments in the plaint in so far as it relate to the applicant / defendant are related to an alleged agreement between the other two defendants to which the plaintiff is neither the party nor has any privity and hence there is no cause of action against the applicant / defendant alongwith affidavit in support.
    APPLICATION ON BEHALF OF DEFENDANT UNDER ORDER VII RULE 11, READ WITH SECTION 151 OF CIVIL PROCEDURE COURT SEEKING REJECTION THE PLAINT AS THE PLAINT IS NOT TENABLE IN THE EYES OF LAW FOR WANT OF LOCUS STANDI OF PLAINTIFF, FOR WANT OF FAILURE TO COMPLY WITH MANDATORY PROVISION OF ORDER 7 RULE 1(j) OF CPC, PLEA OF LIMITATION, FOR WANT OF ADVELORUM COURT FEE ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of defendant under order vii rule 11, read with section 151 of civil procedure court seeking rejection the plaint as the plaint is not tenable in the eyes of law for want of locus standi of plaintiff, for want of failure to comply with mandatory provision of order 7 rule 1(j) of cpc, plea of limitation, for want of advelorum court fee alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE DEFENDANT UNDER ORDER 7 RULE 11 R/W SECTION 151 CIVIL PROCEDURE CODE, 1908 COURT SEEKING REJECTION OF THE PLAINT ON THE GROUND THAT THE PLAINT DO NOT DISCLOSE ANY CAUSE OF ACTION AND FURTHER THIS HON’BLE COURT LACKS THE TERRITORIAL JURISDICTION TO ENTERTAIN THE PRESENT SUIT ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the defendant under order 7 rule 11 r/w section 151 civil procedure code, 1908 court seeking rejection of the plaint on the ground that the plaint do not disclose any cause of action and further this hon’ble court lacks the territorial jurisdiction to entertain the present suit alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER 7 RULE 14 OF THE CODE OF CIVIL PROCEDURE, 1908 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 COURT SEEKING DIRECTIONS FOR BRINGING ON RECORD CERTAIN DOCUMENTS WHICH ARE RELEVANT AND NECESSARY FOR THE PROPER ADJUDICATION OF THE CASE AS PER THE EXPRESS LIBERTY GRANTED TO THE PLAINTIFF BY AN ORDER PASSED BY THE HON’BLE HIGH COURT IN A CIVIL REVISION PETITION CHALLENGING THE ORDER PASSED BY THE LD. CIVIL JUDGE DISMISSING THE EARLIER APPLICATION FILED BY THE PLAINTIFF UNDER SECTION 151 CPC FOR PLACING ON RECORD CERTAIN DOCUMENTS ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the plaintiff under order 7 rule 14 of the code of civil procedure, 1908 read with section 151 of the code of civil procedure, 1908 court seeking directions for bringing on record certain documents which are relevant and necessary for the proper adjudication of the case as per the express liberty granted to the plaintiff by an order passed by the hon’ble high court in a civil revision petition challenging the order passed by the ld. civil judge dismissing the earlier application filed by the plaintiff under section 151 cpc for placing on record certain documents alongwith affidavit in support.
    APPLICATION UNDER ORDER IX RULE 9 READ WITH UNDER SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 COURT SEEKING RECALL OF THE ORDER PASSED BY THE HON’BLE COURT AND RESTORATION OF THE SUIT WHICH WAS DISMISSED IN DEFAULT ON ACCOUNT OF NON APPEARANCE BY THE COUNSEL ON FIRST CALL AS THE COUNSEL WAS BUSY IN ARGUMENTS IN ANOTHER COURT ALONGWITH AFFIDAVIT IN SUPPORT.
    application under order ix rule 9 read with under section 151 of the code of civil procedure, 1908 court seeking recall of the order passed by the hon’ble court and restoration of the suit which was dismissed in default on account of non appearance by the counsel on first call as the counsel was busy in arguments in another court alongwith affidavit in support.
    APPLICATION UNDER ORDER IX RULE 9, 1908 ALONGWITH APPLICATION UNDER SECTION 5 OF THE LIMITATION ACT, 1965 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE COURT SEEKING RECALL OF THE ORDER AND RESTORATION OF THE SUIT TO ITS ORIGINAL NUMBER WHICH (THOUGH KEPT BACK) WAS DISMISSED IN DEFAULT BY THE HON’BLE COURT DUE TO NON APPEARANCE OF THE PLAINTIFF / COUNSEL ALONGWITH AFFIDAVIT IN SUPPORT.
    application under order ix rule 9, 1908 alongwith application under section 5 of the limitation act, 1965 read with section 151 of the code of civil procedure court seeking recall of the order and restoration of the suit to its original number which (though kept back) was dismissed in default by the hon’ble court due to non appearance of the plaintiff / counsel alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER XII RULE 6 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 COURT SEEKING DECREE OF THE SUIT IN VIEW OF THE UNAMBIGUOUS, UNEQUIVOCAL AND UNCONDITIONAL ADMISSIONS MADE BY THE DEFENDANT IN THE WRITTEN STATEMENT WHICH SQUARELY FALL WITHIN THE PRECINCTS OF ORDER XII RULE 6 OF THE CODE OF CIVIL PROCEDURE, 1908 ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the plaintiff under order xii rule 6 read with section 151 of the code of civil procedure, 1908 court seeking decree of the suit in view of the unambiguous, unequivocal and unconditional admissions made by the defendant in the written statement which squarely fall within the precincts of order xii rule 6 of the code of civil procedure, 1908 alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER 14 RULE 5 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 COURT SEEKING DIRECTIONS FOR FRAMING OF AN ADDITIONAL ISSUE AS MENTIONED IN A SPECIFIC PARA OF THE PRESENT APPLICATION ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the plaintiff under order 14 rule 5 read with section 151 of the code of civil procedure, 1908 court seeking directions for framing of an additional issue as mentioned in a specific para of the present application alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER 14 RULE 5 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 COURT SEEKING DIRECTION FOR FRAMING VARIOUS ADDITIONAL ISSUES WHICH ARE RELEVANT AND NECESSARY FOR PROPER, JUST AND FAIR ADJUDICATION OF THE PRESENT SUIT IN THE INTEREST OF JUSTICE ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the plaintiff under order 14 rule 5 read with section 151 of the code of civil procedure, 1908 court seeking direction for framing various additional issues which are relevant and necessary for proper, just and fair adjudication of the present suit in the interest of justice alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE PLAINTIFF UNDER ORDER 18 RULE 4 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 COURT OBJECTING TO THE MODE OF PROOF OF THE DOCUMENTS APART FROM ITS INADMISSIBILITY FILED BY THE DEFENDANT AND SEEKING DIRECTIONS THAT THE CONCERNED DOCUMENTS MENTIONED IN THE APPLICATION BE NOT EXHIBITED ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the plaintiff under order 18 rule 4 read with section 151 of the code of civil procedure, 1908 court objecting to the mode of proof of the documents apart from its inadmissibility filed by the defendant and seeking directions that the concerned documents mentioned in the application be not exhibited alongwith affidavit in support.
    APPLICATION UNDER ORDER 20 RULE 12 READ WITH SECTION 151 CPC SEEKING DIRECTIONS FOR AN INQUIRY ON THE QUANTUM OF MESNE PROFITS WHICH THE PLAINTIFF IS ENTITLED TO FROM THE DEFENDANT FOR ILLEGAL USE AND OCCUPATION OF THE SUIT PREMISES AND BUSINESS OPPORTUNITY LOSS ALONGWITH AFFIDAVIT IN SUPPORT.
    application under order 20 rule 12 read with section 151 cpc seeking directions for an inquiry on the quantum of mesne profits which the plaintiff is entitled to from the defendant for illegal use and occupation of the suit premises and business opportunity loss alongwith affidavit in support.
    JOINT APPLICATION ON BEHALF OF THE PLAINTIFF AND DEFENDANT UNDER THE PRINCIPLES OF ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING DIRECTIONS TO DECREE THE SUIT IN TERMS OF THE PRAYERS MADE IN THE SUIT AND IN TERMS OF COMPROMISE DEED FILED WITH THE APPLICATION ALONGWITH AFFIDAVIT IN SUPPORT.
    joint application on behalf of the plaintiff and defendant under the principles of order 23 rule 3 of the code of civil procedure, 1908 seeking directions to decree the suit in terms of the prayers made in the suit and in terms of compromise deed filed with the application alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE PLAINTIFF SEEKING DIRECTIONS FOR PRONOUNCEMENT OF THE JUDGMENT & ORDER ON THE APPLICATION UNDER ORDER 20 RULE 12 OF THE CODE OF CIVIL PROCEDURE, 1908 ALREADY FILED BY THE PLAINTIFF ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the plaintiff seeking directions for pronouncement of the judgment & order on the application under order 20 rule 12 of the code of civil procedure, 1908 already filed by the plaintiff alongwith affidavit in support.
    JOINT APPLICATION ON BEHALF OF THE PLAINTIFF AND DEFENDANT UNDER THE PRINCIPLES OF ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING DIRECTIONS TO DECREE THE SUIT IN TERMS OF THE COMPROMISE FILED WITH THE APPLICATION WITH FURTHER DIRECTIONS TO PERMANENTLY RESTRAIN THE DEFENDANT FROM INTERFERING WITH THE OWNERSHIP AND POSSESSION OF THE PLAINTIFF WITH RESPECT TO THE SUIT PROPERTY ALONGWITH AFFIDAVIT IN SUPPORT.
    joint application on behalf of the plaintiff and defendant under the principles of order 23 rule 3 of the code of civil procedure, 1908 seeking directions to decree the suit in terms of the compromise filed with the application with further directions to permanently restrain the defendant from interfering with the ownership and possession of the plaintiff with respect to the suit property alongwith affidavit in support.
    JOINT APPLICATION FOR COMPROMISE ON BEHALF OF THE PLAINTIFF AND DEFENDANT UNDER THE PRINCIPLES OF ORDER 23 RULE 3 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING DIRECTIONS TO PASS A DECREE IN TERMS OF THE PRAYERS MADE IN THE ABOVE SUIT AND IN TERMS OF THE COMPROMISE DEED ALONGWITH AFFIDAVIT IN SUPPORT.
    joint application for compromise on behalf of the plaintiff and defendant under the principles of order 23 rule 3 of the code of civil procedure, 1908 seeking directions to pass a decree in terms of the prayers made in the above suit and in terms of the compromise deed alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE RESPONDENT UNDER THE PRINCIPLES OF ORDER 39 RULE 4 OF THE CODE OF CIVIL PROCEDURE, 1908 COURT SEEKING DISCHARGE OR SETTING ASIDE OF THE EX-PARTE ORDER OF INJUNCTION PASSED BY THE HON’BLE COURT ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the respondent under the principles of order 39 rule 4 of the code of civil procedure, 1908 court seeking discharge or setting aside of the ex-parte order of injunction passed by the hon’ble court alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE PLAINTIFF UNDER THE PRINCIPLES OF ORDER XLVII RULE 1 READ WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING RECALL/REVIEW OF THE ORDER PASSED BY THE HON’BLE COURT DISMISSING THE APPLICATION FOR SUMMONING OF THE WITNESSES WHEN THE PLAINTIFF HAD ALREADY FILED THE LIST OF WITNESSES WHICH WERE TAKEN ON RECORD WHICH IS AN ERROR ON THE FACE OF THE RECORD ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the plaintiff under the principles of order xlvii rule 1 read with section 114 of the code of civil procedure, 1908 seeking recall/review of the order passed by the hon’ble court dismissing the application for summoning of the witnesses when the plaintiff had already filed the list of witnesses which were taken on record which is an error on the face of the record alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE PLAINTIFF UNDER THE PRINCIPLES OF ORDER XLVII RULE 1 READ WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 SEEKING RECALL/REVIEW OF THE ORDER PASSED BY THE HON’BLE COURT AS THE HON’BLE COURT INADVERTENTLY OVERLOOKED THE APPLICATION UNDER ORDER 16 RULE 1 CPC, 1908 PREFERRED BY THE PLAINTIFF WHICH IS AN ERROR APPARENT ON THE FACE OF RECORD ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the plaintiff under the principles of order xlvii rule 1 read with section 114 of the code of civil procedure, 1908 seeking recall/review of the order passed by the hon’ble court as the hon’ble court inadvertently overlooked the application under order 16 rule 1 cpc, 1908 preferred by the plaintiff which is an error apparent on the face of record alongwith affidavit in support.
    APPLICATION ON BEHALF OF THE APPELLANT UNDER ORDER 41 RULE 5 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908 COURT SEEKING AN ORDER STAYING THE OPERATION OF THE IMPUGNED ORDER DURING THE PENDENCY OF THE APPEAL ALONGWITH AFFIDAVIT IN SUPPORT.
    application on behalf of the appellant under order 41 rule 5 read with section 151 of the code of civil procedure, 1908 court seeking an order staying the operation of the impugned order during the pendency of the appeal alongwith affidavit in support.


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