SUPREME COURT ANNUAL DIGEST 2024 - CODE OF CIVIL PROCEDURE, 1908 Section 9 and Order 7 Rule 1 - Jurisdictional Fact and Maintainability of Suit - The issue of maintainability of a suit pertains to the jurisdiction of the trial court and strikes at the root of the proceedings under Order VII Rule 1, CPC. Shri Mukund Bhavan Trust v. …
Dismissing the appeal of Hindustan Petroleum Corporation Ltd., the Delhi High Court held that an unrebutted oral evidence of a landlord in support of his claim for mesne profits at a certain rate was sufficient evidence in terms of Order XX Rule 12 of CPC. Three broad contentions of the Appellant were: The Respondent did not lead any evidence in …