Civil Procedure Code, 1908, Order 23, Rule 1(a) -- Transposition of defendant as plaintiff - Partition suit - In a suit for partition all plaintiffs and defendants are equally treated and they can contest as plaintiff and/or defendant - No error committed by Court below while allowing application - Order upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Claim set up in plaint barred by S.4(1) of Benami Transactions (Prohibition) Act, 1988 - Application for rejection of plaint dismissed on the sole ground that an issue has been framed and it would be a matter of trial as to whether property is individual property or has been purchased by joint family..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Provision of S.144 CPC applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - Doctrine of restitution is that on the reversal of a decree, the law imposes an obligation on the party to the..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Original Will permitted to be placed on record - However there is no discussion in impugned order as to why original Will was permitted to be placed on record, when testator of Will was alive and impleaded as defendant No.1 in main civil suit - This demonstrate that trial Court passed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to incorporate plea of adverse possession - Defendants contended that they perfected their rights by adverse possession - No prejudice would be caused to plaintiff by amending written statement as sought for - Moreover, amendment sought would not alter or..........
Civil Procedure Code, 1908, Section 153 -- `Suit' - Term `suit' is comprehensive and encompasses proceedings in the Court of justice by a party for an action under law and proceedings for execution of the order of Court involving different modes of procedure under order 21 CPC...........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of cause title - Recovery suit - Proprietor of firm not arrayed in suit due to accidental slip - However, firm was arrayed as defendant no.3 - Description of defendant no.3 may be imperfect in the plaint, an error which can be permitted to be corrected - It is neither addition nor substitution of a party, but merely..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in a suit for possession u/s 6 Specific Relief Act - Applicant not in possession of suit property - Applicant neither necessary nor proper party - Applicant cannot be impleaded as a party merely for the reason that she happens to be daughter of deceased defendant...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Impleadment of a party - Partition suit - Properties in question were enjoyed by defendant and plaintiff as joint family properties being father and son - Defendant mentioned in his written statement that he is having a sister, who is one of legal heir of their father - He did not raise a plea of non-joinder of necessary party..........
Specific Relief Act, 1963, Section 10, Civil Procedure Code, 1908, Order 2, Rule 2, Evidence Act, 1872, Section 115 -- Suit for specific performance - Barred by estoppel - Plea that earlier suit for permanent injunction stood dismissed - Since in both the suits parties and relief sought are entirely different - Suit not barred by estoppel and bar U.O.2.R.2 CPC also not..........
