Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Before dismissing subsequent suit on the ground that it is barred U.O.2.R.2 CPC, it is necessary to arrive at a definite conclusion that previous suit as well as subsequent suit is in respect of same cause of action - For arriving such conclusion it is necessary that plaint of previous suit is brought..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo - Co-sharers - Suit for separate possession - Suit for partition pending in between parties - It would be appropriate and in the interest of justice to ensure that parties continue with this position till final partition takes place and none of them is allowed to raise any sort of..........
Civil Procedure Code, 1908, Order 21, Rule 35, Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 13 -- Issuance of warrants of possession - Cancellation of - Suit for possession by way of ejectment - Appeal against decree dismissed in default - Pendency of restoration application in appeal - Mere pendency of restoration application in appeal is not a valid..........
Civil Procedure Code, 1908, Section 92 -- Scope - S.92 of the Code applies when a suit is filed against a Trust and not when suit is filed by a Trust...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance on the basis of unregistered agreement to sell is maintainable - Order rejecting plaint, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - While deciding application it cannot be decided as to whether schedule mentioned property is joint family property or self acquired property which can only be decided by conducting full fledged trial - Rejection of application, set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Identification and measurement of property - Injunction suit - Defendant specifically denied identity and measurement of property in written statement - However, defendant stated that there is no controversy as regards identification, location and measurement of property - Stand of defendant is in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent development - Amendment sought to incorporate subsequent developments occurred after filing of suit and for additional prayer for mandatory injunction, as defendants have formed road in suit land by encroaching property of plaintiff - Since amendment is with regard to subsequent development,..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents sought to be produced pertain to period prior to fling of suit - No explanation given for not producing documents along with written statement - Application rightly rejected...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Suit for recovery of money - Defendant borrowed Rs.17 lakhs from plaintiff and issued a cheque for repayment of same - He admitted that cheque was issued by him for Rs.17 lakhs - Cheque was presented by plaintiff for encashment and was returned with an endorsement that defendant has issued `stop payment' instruction - On..........
