Civil Procedure Code, 1908, Section 100 -- Second appeal - Procuring a document by undue influence - Question as to whether a person was in a position to dominate the will of the other and procure a certain deed by undue influence is a question of fact and if such finding is arrived at fairly in accordance with procedure prescribed, is not liable to be reopened in second..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of ownership on basis of gift deed - Origin of gift deed was disputed by executant during her lifetime - Lower Courts thus, were right in weighing evidence of gift deed on the touchstone of its validity first rather than its form and content - Plea as to invalidity of gift deed is not to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Common passage - Came into existence on basis of an agreement between parties - Both the sides therefore, not entitled to change the size or nature of passage - Trial court directed to record evidence and decide suit and till then passage shall be kept free from all obstructions...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Petitioner is not a bona fide purchaser, FIR has been lodged against him - He was aware of matter being sub judice along with respondent No.4 who is actually defending the civil suit filed against her and is duly served - Impleadment application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Court cannot be used as a tool for collecting evidences, especially when plaintiff has failed to bring on record any title document as to how property in question was ancestral - Plaintiff cannot be allowed to fulfill the deficiency of his case by appointment of Commissioner so..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application U.O.39.Rr.1, 2 CPC refused on the ground that third party in whose favour registered agreement to sell has been executed not joined - However, since new purchaser has been joined in as party before trial Court, Trial Court directed to hear the injunction application afresh...........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest warrant - When JD appeared before Court on getting notice U.O.21.R.37 CPC and filed objection stating that he had no means to pay decree debt, in such contingency, it is mandatory for Court to conduct an enquiry U.O.21.R.40 CPC before issuing warrant of arrest against him...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC can be exercised by trial Court at any stage of suit before registering plaint or after issuing summons to defendant or at any stage before conclusion of trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order to file written statement without deciding application for rejection of plaint set aside as for deciding such an application averments in plaint are germane and pleas taken by defendant in the written statement are wholly irrelevant - Impugned order set aside...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for redemption of mortgage - Lessee of a mortgagee is not a necessary party to a suit for redemption of mortgage - Suit is not bad for non-joinder of necessary parties...........
