Civil Procedure Code, 1908, Section 100 -- Second appeal - Preliminary decree - Partition suit - Oral partition between parties already taken place as per defendant No.2 - However, no documents on record to prove factum of oral partition - Even otherwise, admission made by DW2 that there is no oral partition, is on record - Since defendant No.2 pleaded oral partition,..........
Muslim Law -- Inheritance - Sons and daughters have right in father`s property as per Muslim Law - In the instant case, plaintiff claiming right in suit property being great grand-daughter of original owner through her father - Plaintiff 80 years old uneducated lady unable to prove her maiden name in absence of documents - However, plaintiff having custody of death..........
Agreement to sell -- Specific performance - Ready and willing - Successive notices were sent by plaintiff to defendant but he never stated about her readiness and willingness to complete the sale - Plaintiff only insisting the defendant to hand over the documents and put that as a condition for completion of sale when agreement does not contemplate such a condition before..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Plaintiff sold the property to defendant No.1 by executing the documentation being agreement to sell, general power of attorney (GPA), Will, receipt etc. - Transfer of rights in an immovable property is a bilateral act, thus, said contract cannot..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and permanent injunction on the basis of Will and Codicil - Testator of Will is still alive thus plaintiff has no cause of action to file the suit, as contended by defendant - However, documents in question are created in praesenti - From the averments of document,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Words "commencement of trial" used in Proviso to O.6.R.17 CPC must be understood in limited sense as meaning the final hearing of the suit, examination of witnesses, filing of documents and addressing of arguments...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Amendment sought on the ground that more elaborative details of suit property has to be given - Due to error of typist some words have been left out and amendment itself will not change nature of suit - Words sought to be added by way of amendment to describe the property are..........
Suit for declaration -- Possession - Permanent injunction and damages - Plea of plaintiff that he purchased the property individually - Plea of defendants that property in question was jointly purchased by plaintiff and defendant - Both the parties failed to prove title documents - However, plaintiff was in prior possession of suit property and his prior possession not..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit against company and its partners - Petitioner only a manager employee of company - Indeed, petitioner in his capacity as manager may be preparing account books and other documents of company - Even if accepted for sake of arguments that petitioner misappropriating funds or forging..........
