Civil Procedure Code, 1908, Order 20, Rule 1, Civil Procedure Code, 1908, Order 14, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 1 -- Decree in partition suit - Decree has been passed in favour of person who is not a party to suit - Held, impugned judgment and decree set aside - Case sent back to trial Court to re-decide suit in accordance with law...........
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 20, Rule 18, Hindu Succession Act, 1956, Section 23 - - Partition - Joint family property - Right of female heir to seek partition - Held, no right had accrued or come to vest in male heirs against female heirs whose right in dwelling house of family to claim partition was only put under embargo...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Plaintiff claimed that property transferred by mortgage deed - However, plaintiff failed to establish that said mortgage has ever been redeemed or even prayed for - Held, plaintiff not entitled to relief for partition...........
Civil Procedure Code, 1908, Order 20, Rule 3, Punjab Panchayati Raj Act, 1994, Section 19 -- Removal of Sarpanch - No confidence motion - Unsigned order - Validity - Petitioner, an elected Sarpanch, removed from his office by an unsigned order - Held, impugned order could be termed only as a draft order - Till draft order is signed by competent authority, it cannot be said..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne Profits - Landlord, on filing application for direction for payment of higher amount as mesne profit, has not obtained consideration of Court at interlocutory stage itself - Held, no reason to give any such direction now at the conclusion of hearing - It shall be always open to landlord to secure what is legal and just..........
Civil Procedure Code, 1908, Order 39, Rule 10, Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Application filed U.O.39.R.10 for grant of mesne profits for the period for which High Court had directed for an enquiry U.O.20.R.12 CPC - Appellant's contention before trial Court that it will take some time before it to complete the enquiry U.O.20.R.12 of CPC..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Cannot be granted during pendency of enquiry to ascertain the mesne profits...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits during appeal - Eviction decree - Mesne profits can be at a rate higher than the provisional rent fixed during pendency of the eviction petition - Status of tenant after passing of the decree of eviction is unauthorized - Mesne profits fixed at Rs.10,000/- per month of a shop which was let out at a monthly rent..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits during appeal - Suit shop let out about 60 years back at a monthly rent of Rs.46/- - Shop situated on a main and oldest commercial Center of city of Jaipur - Since the commencement of the tenancy, monthly rent and price of immovable property has increased many fold - It is fit and proper to determine/fix the..........
