Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7 - - Rejection of plaint - Suit for non interference with judicial and official proceedings and payment of damages for defamation and harassment - Plea of exclusion of jurisdiction of civil Court - Interference/disruption of judicial proceedings and/or defamation even by a spouse does not fall..........
Civil Procedure Code, 1908, Section 151, 96 -- Correction of decree - Partition suit - Appellate Court corrected share of plaintiff in decree of trial Court - Even if there is no particular prayer for such correction, appellate Court can correct the same, as appeal is merely an extension of original proceedings in suit - Moreover, in case of partition suit, any party could..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for specific performance - Concurrent findings of two Courts below decreeing suit of plaintiff - Findings recorded by both the Courts below are pure finding of fact which are immune from challenge unless such findings are perverse, which is not a case in instant appeal - No interference warranted in said..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Recovery suit for money - Amount in question paid by plaintiff for becoming member of chit Fund - There is thus, no justification for making payment in cash - Explanation by defendant that cheque given as security is clearly an eye wash - Once cheque is proved and same is dishonoured, burden shifts upon defendant to establish..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 101, West Bengal Premises Tenancy act, 1956, Section 13 -- Eviction order - Execution of - Objection by vendee - Suit property originally leased to partnership firm - Eviction order passed against partnership firm - Vendee purchased business of firm with all its assets and liabilities after eviction order -..........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Decree passed in a suit for specific performance in terms of O.20.R.12-A CPC is in the nature of preliminary decree - Any terms of decree of such nature, can be subjected to further proceedings in suit itself...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - No sufficient cause shown by plaintiff to seek permission to file a fresh suit on same cause of action - Suit cannot be dismissed without affording an opportunity to decide whether plaintiff wishes to withdraw suit even though opportunity for filing fresh suit was denied -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant sought amendment of written statement by raising counter claim for partition of properties standing in the name of plaintiffs - No material whatsoever was placed to show existence of such property and in view of inconsistent pleas taken by defendant about property in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Suit for permanent prohibitory injunction - Burden in a suit for permanent prohibitory injunction is entirely on plaintiff to bring convincing evidence to show his possession over plaint schedule property and for so doing, it is not permissible for plaintiff to invoke O.26.R.9 CPC which is..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim prohibitory injunction - Plaintiff prima facie proved his title and possession over suit property - However, no material on record to show that defendant was ever in possession of plaint schedule property - Merely because plaintiff is working in Italy as a priest, it cannot be said that plaintiff is not having..........
