Civil Procedure Code, 1908, Section 80(1) -- Notice u/s 80(1) CPC - Suit for prohibitory and mandatory injunction - Only Rasta of plaintiff was allegedly obstructed by defendant in the suit, thus, in such case service of notice u/s 80(1) CPC was not mandatory under law...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment seeking addition of averments regarding Will in favour of defendant - Prayer for amendment made in view of subsequent events happened between parties and same is necessary to determine real controversy between parties - Moreover, suit is at the stage of completion of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit - There was formal defect on basis whereof suit filed by plaintiff to assail sale deed was dismissed by trial court and findings of trial Court were affirmed in appeal - Withdrawal of suit at appellate stage after 16 years of filing of suit - Respondent can well be compensated with cost for failure of..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave of Court to institute suit - Notice should be issued to other side before passing orders in an application seeking leave to institute suit - However, that is not absolutely necessary an in an emergent situation, Court can grant leave even without issuing notice to other side, but then respondent has a right..........
Civil Procedure Code, 1908, Section 92 -- Leave of Court to institute u/s 92 CPC - Applicaotn filed but no order passed - Defendant contested suit without raising plea that leave of Court is not granted - Even both sides led evidence and matter was decided on merits - Defendant submitted to jurisdiction of Court without any demur and objection - Courts below came to..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Documents sought are relevant with regard to dispute between parties except document No.1 - Said documents are in the name of person for whose properties suit for partition is being filed by plaintiffs - Documents except document No.1 are taken on record subject to payment of Rs.4000 as cost..........
Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Withdrawal of suit - In earlier lis between parties, High Court permitted to withdraw suit with liberty to file fresh suit on same cause of action - Limitation law is not affected by the first suit...........
Civil Procedure Code, 1908, Section 141, Order 26, Rule 4 -- Examination of witness on commission - Proposed witness party to the suit who did not choose to contest the suit - Specific medical grounds stated for inability of witness to attend Court and to depose - Witness found to be important witness to the defendants to rely and to canvass their claim in the suit -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of partition suit - Suit for partial partition - Defendant sought complete partition of property at the stage when appeal was being heard at final stage - Parties are governed by Muslim law and even if Muslim law permits partial partition, defendants could have sought complete partition, but only at the stage of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - No injunction can be granted against other co-sharers unless and until plaintiff is proved to be in exclusive possession of suit property to the ouster of other co-sharers - In such circumstances, plea taken in plaint has to be appreciated - Ouster has to be pleaded and should depict as..........
