Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Amendment of valuation of suit - Revision - Permission to amendment in valuation of suit cannot be given a status of a case decided - Revision against such interlocutory order of allowing amendment application qua valuation of suit not maintainable unless it affect jurisdiction of Court - Revision petition..........
Specific Relief Act, 1963, Section 28(3) -- Interlocutory application u/s 28(3) of the Act - Maintainable for execution of sale deed and delivery of possession of property in a suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Maintainability - Suit filed by plaintiff seeking relief of permanent injunction restricting defendants from managerial capacity of property and also restraining them from selling property in question as well as for transferring the entire managerial work and right for maintaining and taking care of deity..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit as commercial suit - Relief in terms of lease deed - At least two prayers are in relation to immovable property to be used exclusively for trade and commerce - No occasion arises for Court to interfere with view expressed by Commercial Court that suit is maintainable as a..........
Hindu Marriage Act, 1955, Section 13B, Civil Procedure Code, 1908, Order 23, Rule 3A -- Decree of divorce by mutual consent - Cannot be challenged by way of suit - An application to set aside decree on the ground of any fraud, misrepresentation or coercion, is maintainable before the same court which passed such order or decree but separate suit is not maintainable...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction on the basis of Will - Title under cloud - Suit for permanent injunction is not maintainable without claiming relief of declaration...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of another person - Suit is not maintainable - A suit for declaration can be filed by any person : (a) for his or her legal character, (b) for any right as to any property...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration by legal heirs as to death of the person - After death of a person his heirs, having interest in such legal character, have title to seek declaration of such legal character as to death of the person - Suit at the instance of any such person for declaration is maintainable, if he can stand the test that he is..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a civil death of a person - Maintainability - Mere suit for declaration of death of a person is not maintainable...........
