Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree if not set aside then defendant can join and participate in the proceedings from the stage it is pending - However, proceedings between the stage at which he was proceed ex parte and the stage at which he joined will not be re-opened...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of partition suit - Permissibility - Plaintiff herself wanted partition - Substantial part of evidence has already been recorded - Suit is almost at final stage thus, same has to be determined on merit - Defendant No.1 is claiming 50% claim in suit property - He has some rights in respect of suit property as..........
Specific Relief Act, 1963, Section 20, 19(2) -- Agreement to sell - Specific performance - Bona fide purchaser - Agreement entered into between plaintiff and defendant No.1 - Defendant No.1 sold suit land in favour of defendant No.2 during pendency of restraint order - All parties belong to same village - Held, it can safely be presumed that defendant No.2 knew about..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Relevant facts, which need to be looked into for deciding an application U.O.7.R.11 CPC are the averments in the plaint, which are germane and the pleas taken by defendant in written statement are wholly irrelevant...........
Civil Procedure Code, 1908, Order 37, Rule 3(5), 7 -- Recovery suit - Leave to defend - Triable issue - Letter of credit - Defendant Bank failed to inform plaintiff regarding acceptance or refusal of document within prescribed period of time - Thus, there was clear violation of provisions under Uniform Custom and Practice for Documentary Credits (UCP500) especially with..........
Agreement to sell -- Specific performance - Hardship - Question of hardship has to be judged on the date of transaction and not in the light of subsequent events - If defendant knew all circumstances at the time of entering into contract for sale, those circumstances subsequently cannot be pleaded so as to constitute hardship for exercising discretion against plaintiff..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Permission to adduce - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - However, during pendency of appeal they admitted true fact by executing registered sale deeds - They failed to explain admission made by them in registered sale..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 27 -- Partition suit - Plaintiffs at time of filing plaint concealed true facts about previous partition and obtained decree in their favour - Clear admission made by plaintiff and their heir in sale deeds executed during pendency of appeal to effect that there had been partition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Withdrawal of admission - Defendant cannot be allowed to resile from the admission made in the written statement by taking recourse to O.8.R.9 or O.6.R.16 CPC by seeking to file a fresh written statement...........
Specific Relief Act, 1963, Section 34 -- Allotment of plot - Auction sale - Absence of acceptance of bid - Held, plaintiff had not acquired any right in respect of plot in question merely because his bid amount was highest and he had deposited 20% of highest bid amount along with earnest money with Board - In absence of acceptance of bid offered by plaintiff to competent..........
