Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question as to whether suit land is an agricultural land needs to be decided in suit - Since one party affirms the same and other denies it - This question can be decided only on the basis of evidence - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Section 39(3) -- Transfer of execution petition - Execution proceedings transferred from Pune to Nalagarh on the ground that suit property is situated within territorial limits of Court at Nalagarh - However, Court at Nalagarh was not having pecuniary jurisdiction to try the suit, same obviously not having jurisdiction of executing decree so..........
Civil Procedure Code, 1908, Section 91 -- Public nuisance - Suit for declaration and mandatory injunction - Leave to institute suit - Suit initially filed without seeking leave of Court - But an application to this effect was made by plaintiff during pendency of suit and after allowing the same, suit instituted on the date when same is granted - No infirmity in approach of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Stranger to agreement making a claim adverse to title of defendant by claiming right of co-sharership in suit property cannot be termed to be necessary party, nor proper party for adjudication of case on merits...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Compromise forming basis of decree can only be questioned before same Court that recorded compromise and a fresh suit for setting aside compromise decree is expressly barred U.O.23.R.3-A CPC - Writ petition challenging compromise decree not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed - Agricultural land - Issue as raised in plaint pertains to sale deed being voidable - Civil Court has jurisdiction to try said suit - Bar created by S.207 of Rajasthan Tenancy Act had no application - Application rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-owners - When constructions have been raised by various co-sharers/plot holders upon suit property, status of land cannot be said to be joint in nature, though it may be subsequently got partition in accordance with law - Temporary injunction rightly declined...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction - Co-owners - Plaintiff has not come up with specific plea that he is in possession of any portion of joint land - Even, none of parties have come with plea that they are in possession of joint land - Pleadings set up in application as well as main suit..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Issue regarding possession - Partition suit - Plaintiff filed suit seeking its division by metes and bounds and in alternative, he has prayed for sale of property by auction and for distribution of sale proceeds inter se parties to the extent of shares claimed in suit - Relief of possession is..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for specific performance - Plaintiff specifically pleaded that period of 6 months for completion of transaction is contingent upon certain compliances and agreed period of 6 months is extended only because defendants sought for extension of time - Questions whether agreed..........
