Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Interlocutory orders - (i) On dismissal of suit for default all interim orders stand terminated unless Court by express order or by necessary implication specify that any order will continue; (ii) On restoration of suit dismissed in default, with notice to the opposite party, all..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner who is disputing title over suit property, cannot be made a party in a suit for eviction, as he is not a necessary party as investigation of title is not warranted - Moreover, Court is not empowered to convert a suit for eviction to a suit for title - Application rightly..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Defendant appeared but plaintiff did not appear - Suit should be dismissed instead of proceeding further or to give any opportunity to the defendants to lead their evidence...........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Defendant appeared but plaintiff did not appear - Suit of plaintiff to be treated dismissed as per O.9.R.8 CPC - Court below committed material irregularity in recording statement of defendants and deciding case on merits - Suit dismissed under provision of O.9.R.8 CPC...........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient Court fee - Agreement to sell - Plaintiff filed suit for mandatory injunction after more than three years of date fixed under agreement of sale and valued the same and paid Court fee accordingly - He chose to pay proper Court fee after being confronted with an application for dismissal of suit - Plaintiff..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff not in possession of suit property - In a suit for simplicitor for permanent injunction without any prayer for restoration of possession, plaintiff is not entitled for any relief by way of temporary injunction - Application rightly rejected...........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of suit - Death of one of plaintiffs - Non-substitution of LRs of deceased plaintiff - Suit was filed by three plaintiffs seeking cancellation of Will - One of plaintiff died and even if LRs of said plaintiff are not taken on record, suit as a whole cannot abate - More so, if abatement takes place qua deceased..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement to divorce petition - Facts sought by way of amendment by husband cannot be said to be not within his knowledge at the time of filing of written statement - Cross-examination is already commenced - Application for amendment is filed mainly to delay disposal of divorce suit - Rejection of..........
