Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Concurrent lease - Suit for eviction - As there is bar under Indian Law with regard to creation of concurrent lease, plaint held, rejected...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Permission to serve interrogatories - Serving of interrogatories cannot be denied on the ground that questions can be put to witness at the time of cross examination...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Second application seeking permission to serve interrogatories - Similar application filed earlier - It is no ground for dismissing application U.O.11.R.1 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In earlier suit issue of title adjudicated as part of the issues struck in a suit for grant of decree of possession - Same binds parties and subsequent suit does not lie for declaration of title...........
Civil Procedure Code, 1908, Section 64, Order 38, Rule 11 -- Attachment before judgment - Alienation of property by JD - Sale of property during subsistence of order of attachment before judgment - Attachment order prevails on such alienation of property...........
Civil Procedure Code, 1908, Order 38, Rule 11, 11A, Civil Procedure Code, 1908, Order 21, Rule 54 -- Attachment before judgment - Property attached before judgment and a decree subsequently passed in favour of plaintiff - It shall not be necessary upon an applicant for execution of such decree to apply for re-attachment of property, as said order of attachment before..........
Civil Procedure Code, 1908, Order 38, Rule 11, Civil Procedure Code, 1908, Order 21, Rule 57 -- Attachment before judgment - Order of attachment passed before judgment ceased by closing of execution without any order regarding continuation of attachment order - Advantage of order of attachment before judgment passed in suit was thus, not available to DH in his subsequent..........
Land Acquisition Act, 1894, Section 11 -- Land acquisition - Award u/s 11 of the Act approved by Advisor - Ex post facto authorization placed on record given by Administrator authorizing Advisor and validating/approving award - No interference thus, warranted in the matter particularly when sanction for acquisition had been granted by appropriate authority...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........
Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of documents - Eviction petition on ground of bona fide necessity, for business of son - Tenant sought summoning of income tax returns and bank account of son of landlord - Such documents not necessary to decide dispute between parties - Dismissal of application calls for no interference...........