Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsoundness of mind - Enquiry as to unsoundness of mind - Trial Court not to step into the shoes of a Medical Expert to assess the unsoundness of mind of a person as Presiding Officer of a Court is not equipped with the knowledge or experience in medical field...........
Civil Procedure Code, 1908, Order 15, Rule 2(1) -- Decree against some of the defendants - Code of Civil Procedure nowhere provides that decree against some of defendants cannot be passed - However, O.15.R.2 CPC provides that decree can be passed against defendant who has not filed written statement or who remains absent or who is not at issue with plaintiff on any..........
Civil Procedure Code, 1908, Order 15, Rule 1, 2 -- Suit for specific performance - Some of the defendants not at issue with plaintiff - Defendant sought decree against all the defendants - Relief of specific performance claimed is indivisible - Held, partial decree of specific performance cannot be granted against those defendants who are not at issue with the plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 15 -- Verification of pleadings - More than one plaintiff - Verification by one of the plaintiffs - Held, verification requirement is fulfilled by the signing of any one of the parties to the pleadings...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13(2)(i), Civil Procedure Code, 1908, Order 15, Rule 5 -- Eviction petition - Striking of defence - Held, defence of tenant can be struck off if `the entire amount admitted by him to be due', is not deposited on relevant date of hearing - Interpretation of aforesaid expression cannot be stretched to say that..........
Civil Procedure Code, 1908, Order 15, Rule 5(As - - Several defaults in depositing monthly rent - Trial Court struck off the defence - Order upheld by District Judge but set aside by High Court - Order of trial Court and appellate Court not perverse - Both the Court below did not exceed their jurisdiction - Held, it was not open to High Court to sit in appeal under Art.227..........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - Adult female members of defendant refused to receive summons - Conclusion can be drawn that summons are served on defendant in view of O.5.R.15 CPC...........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13, 15, Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction - Ex parte order - Setting aside - Petitioner filed instant revision petition u/Art.227 of Constitution of India whereas his remedy against ex parte order of eviction lies u/s.15 of the Act of 1973..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Civil Procedure Code, 1908, Section 9 -- Bona fide dispute of title - Jurisdiction of Civil Court - Held, having regard to limited nature of jurisdiction of Estate Officer, bona fide title disputes cannot be gone into under Public Premises Act - In such matters, jurisdiction of Civil Court is not..........
Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Civil Procedure Code, 1908, Section 11 -- Bona fide dispute of title - Determination by Estate Officer - Applicability of principle of Res judicata - Held, Estate Officer was not competent to rule upon issues of title, or grant declaration of title to an occupant - Any determination by him would..........
