Adverse possession -- Suit for declaration of title on the basis of adverse possession is maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim relief - Jurisdiction of Court - If at this stage Court is of the opinion that suit is barred by law or is otherwise not maintainable, it cannot dismiss it without framing a preliminary issue after written statement is filed but interim relief can be refused - However, in case of extraordinary situation Court may..........
Agreement to sell -- Specific performance - Further sale of property much prior to issuance of legal notice and institution of suit in favour of appellant No.7 - No relief sought for cancellation of such sale deed - Suit for specific performance is not maintainable...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction with regard to erection of electric poles and electric line over plot owned by plaintiff - Suit is maintainable before civil Court. (Electricity Act, 2003, S.145)..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for possession was filed - Subsequent suit filed for damages and use and occupation of the property after expiry of lease period - Cause of action in both the suits is different and there are different consideration for..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where executing Court has given findings on an application which was not at all maintainable, findings affecting applicant's interest do not operate as res judicata in subsequent suit that they may initiate...........
Specific Relief Act, 1963, Section 38, 34 -- Suit for permanent injunction simpliciter without seeking relief of declaration - When in a suit for perpetual injunction based on title, defendant pleads perfection of his title by adverse possession against plaintiff or his predecessor, plaintiff need not claim a declaration of title, as there was no cloud on title of..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Ex parte decree - Setting aside - Suit was at the stage of plaintiffs evidence - Evidence of defendants had not even started - O.17.R.2 Explanation CPC could not be invoked by High Court and based upon it holding that an application U.O.9.R.13 CPC would not be maintainable, as..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Suit for permanent injunction simpliciter filed by plaintiff is not maintainable in the absence of any prayer for declaration of his title especially when defendant's title has been proved by registered sale deed and her possession has been proved...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff filed suit for declaration of 1/6th share and for permanent injunction - It cannot be said at this stage, that suit is not maintainable in view of S.34 of Specific Relief Act - Application U.O.7.R.11 CPC dismissed...........
