Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 - - Bar of suit U.O.2.R.2 - Suit for permanent injunction, restraining defendants from alienating suit property to any third parties, reserving her right to file suit for specific performance - Held, plaintiff does not have such power to..........
Civil Procedure Code, Order 23, Rule 1(4) -- Withdrawal - Second suit - Previous suit withdrawn unconditionally - At the time of withdrawal of previous suit, plaintiff neither alleged any compromise effected nor sought permission of Court to file fresh suit regarding same subject matter - Held, second suit is clearly barred by O.23.R.1(4) CPC...........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Self acquired property - Rule of blending - If there was no joint family property or coparcenery property in existence at the time of alleged throwing of the house in dispute by the plaintiff into the common..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit for possession - Mesne profits - Court has discretion to award mesne profits to the successful plaintiff or to leave the plaintiff to have recourse to an independent suit for that relief - In case Court..........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Mother purchasing house in dispute in the name of her son as a benamidar - Defendant cannot derive any benefit as plea of benami transaction is now hit by S.4(1) of the Act...........
Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Appeal - Remand - Counter claim - One plea of partition of joint family taken - Plea categorically rejected by trial Court - Held, it is clear that counter claim stood rejected - Matter cannot be remanded back..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of first suit - Second suit based on a fresh cause of action - O.23.R.1(4) not a bar for instituting such a suit - However, if the cause of action claimed in second suit is founded on the basis of part of claim abandoned in the first suit, in the absence of obtaining leave to file a fresh suit, the second suit..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Denial by other party - Adjudication thereof - Held, when one party was affirming existence of a compromise and other party was denying the same and on the principle of application of O.23.R.3 proviso CPC, there could have been an adjudication of whether there had been a compromise or not...........
Hindu Marriage Act, 1955, Section 13, 23 -- Divorce - Reconciliation - Court in first instance must make endeavour to bring about reconciliation between parties - Failure to make such endeavour deprives Court of jurisdiction to try and decide the case - It will undoubtedly be a serious omission to be taken into account...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- A person, even though not a party to the suit, can invoke the inherent jurisdiction of the Court seeking recall of the order recording a compromise decree obtained by the parties to the suit collusively and fraudulently vitally affecting the rights of the said person...........
