Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for permanent injunction - Defendant admitted that he is residing in same property with plaintiff and after a lapse of 7-8 years he has filed an application U.O.7.R.11 CPC alleging that plaintiff has played fraud terming lease deed to be sale deed - However, it cannot be said that averment made..........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Order passed on an application u/s 92 CPC is not required to be a speaking order though it should disclose application of mind...........
Civil Procedure Code, 1908, Section 92, 115 -- Grant of leave to file suit u/s 92 CPC - Revision - Maintainability - Order granting leave u/s 92 CPC does not decide any rights of parties and is made at the stage before suit comes into being - It is thus, open to petitioner to apply for revocation of leave of Court as granted by impugned order - But revision against such..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is recorded tenure holder in possession of disputed property - Defendant has failed to prove that disputed land was acquired by him - Defendant has further admitted possession of plaintiff on disputed property - Appellate Court rightly held that plaintiff is owner of..........
Agreement to sell -- Suit for specific performance - Defendant remained ex parte - Court in a suit for specific performance must address the mandate u/ss 16 & 20 of Specific Relief Act, 1963, even when defendant remained ex parte or absent...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that plaintiff being husband of deceased is heir of deceased - Nikahanama in proof of marriage between plaintiff and deceased was available on record - PW2, who is witness of said marriage stated that amount of Mehar is also settled - Therefore, in absence of any contrary evidence, First..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Surplus land - Jurisdiction of civil Courts to try suit relating to land which is subject matter of ceiling proceedings, stands excluded by implication - Civil Court cannot declare, orders passed by authorities under Urban Land Ceiling Act as illegal and non-est...........
Urban Lands (Ceiling and Regulation) Act, 1976, Section 10, Specific Relief Act, 1963, Section 34 -- Surplus land - Suit for declaration and permanent injunction - Possession of land was taken by authority by conducting panchnama for which plaintiff is a signatory - Land was allotted to BDA and same was utilized for public purpose - Belated attempt was made by plaintiff by..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay in filing application for setting aside ex parte decree - Partition suit - Reason assigned for delay is that close relatives had advised defendant to withdraw the suit and settle dispute - Suit was allowed to be dismissed in default and thereafter restored - This..........
Arbitration and Conciliation Act, 1996, Section 37 -- Appeal - Arbitral award - Jurisdiction of High Court u/s 37 of the Act is distinct from jurisdiction in a first appeal arising out of a decree in a civil suit - High Court committed error in reversing judgment of District Judge in decreeing claim in its entirety - Award of arbitrator was challenged unsuccessfully by..........
