Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent injunction - Plaintiff prayed for declaration of right, title, interest of suit property, recovery of possession and permanent injunction - Trial Court declared the title of plaintiffs over suit property and granted permanent injunction - Prayer for recovery of possession refused as..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleaded no instructions - Court is required to issue notice to defendant - Nothing on record that counsel after pleading no instructions sent an intimation to his client - Moreso three witnesses of plaintiff were present for cross examination but counsel did not cross examine and..........
Agreement to sell -- Specific performance - Plea of hardship - Agreement proved to be duly executed - Suit property the only residential property of defendant - Relief of specific performance not to be granted when suit property is the only residential constructed property of defendant - Refund of earnest money alongwith 9% p.a. interest payable from the date of payment..........
Transfer of Property Act, 1882, Section 106 -- Notice for eviction - Oral tenancy - Plaintiff is co-owner of property and as such landlord of property - Suit property is let out to defendant on payment of monthly rent - Defendant failed to make payment of rent or any amount for use and occupation - Possession was not delivered to plaintiff despite issuance of notice u/s..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession - Plea of adverse possession - Limitation for filing suit for possession on the basis of title is 12 years when possession of defendant becomes adverse - However, if defendant fails to prove plea of adverse possession, suit for possession filed on the basis of title is not barred by limitation...........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19(1) -- Counter claim - Separate decree not required to be drawn if counter claim is decreed as counter claim is not required to be registered as a separate suit - Whenever a set-off or counter-claim is allowed, the decree shall state what amount is due to the plaintiff and what..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Word `at any stage' in O.1.R.10(2) CPC means that there is no requirement of law that an application for addition of a party as defendant must be made at any particular stage of trial - Power vested in Court under it can be exercised only when proceedings before it are alive and still pending...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Extension of time - Defendant failed to file written statement earlier as documents which were needed to prepare written statement were not available - If some more time is granted, no prejudice will be caused to rights of plaintiff, as rights of parties should be decided on..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness for cross-examination - Failure to cross-examine plaintiff despite several opportunities granted for the purpose - It may have serious repercussions and consequences for defendant in case plaintiff is not cross-examined - Keeping in view the principles of natural justice, defendant should not be allowed..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Striking off defence - Written statement filed on the date when application for striking off defence was moved - No ground to strike off defence, as defendant was granted time to file written statement till that date and same has been filed on that very date - Application for..........
