Civil Procedure Code, 1908, Section 79, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of S.79 CPC - Defendant ought to have been named as Union of India in suit - These errors or mistakes committed in drafting of plaint could have very well be remedied by trial Court in exercise of powers U.O.1.R.10 CPC or U.O.6.R.17 CPC - Order rejecting plaint held, not proper..........
Civil Procedure Code, 1908, Order 8, Rule 1A, 3(A), 151 -- Production of statement of plaintiff regarding admission made in another suit - Eviction suit - Statement of plaintiff sought to be brought on record was itself rendered on 11.9.2017 and thus, could not have been brought on record prior thereto - Relevance of statement can further be examined by Court below -..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Divorce case - Husband absent from Court despite giving last opportunity to him, inspite of cost had been imposed, he has not even paid the cost - He stated that he was unable to attend proceedings in divorce suit because his mother has fallen ill - However, no medical certificate was..........
Agreement to sell -- Suit for specific performance - Enhancing sale consideration - Court cannot dictate or deviate from any term or condition enumerated in the contract for sale between parties or agreed into by parties and as such, it is not within jurisdiction of Court to re-fix sale consideration as against what is agreed to by parties - However, it is within..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commission for local inspection - Eviction suit - Tenant wanted to prove the fact of availability of vacant rooms with landlord - Normally though a commission application to collect evidence after commencement of trial is not justified - However, during cross-examination, PW1 stated his preparedness to take out..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Eviction of daughter-in-law - Matrimonial home - Petitioner/daughter-in-law was living on ground floor of property along with her son - Categorical statement is given by petitioner that she is neither interfering in lives or movements of persons living above ground floor nor any of them is a..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Suit for declaration of title and permanent injunction - No formal defect found in the suit - Plea of plaintiff that his predecessors in title had exchanged their properties in lieu of suit properties - However, when plaintiff knows that he filed application at fag end of trial, he should have given..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Recovery suit - Leave to defend granted - Challenge as to - It is for trial Court to exercise its discretion to ascertain as to whether or not, evidence is required to be adduced qua money claims to be adjudicated by way of trial - No irregularity in impugned order and thus, no interference warranted in impugned order of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for declaration and injunction - Defendant during pendency of suit entered into agreement to sell with petitioner and received an advance amount of Rs.5 lakhs - Right of petitioner is subservient to rights of defendant in the suit and subject to any adjudication and decision to be made in the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Defendants by playing fraud on basis of registered power of attorney executed sale deed in their own name - Suit land is ancestral property of plaintiffs - Prima facie case is in favour of plaintiffs - Trial Court after considering all aspects, balance of convenience and irreparable..........
