Civil Procedure Code, 1908, Section 151, Order 18, Rule 17 -- Recall of PW1 for re-examination - Plaintiff case is that in order to prove that her vendor was in absolute possession of suit property and after the purchase by her she is in possession, certain additional documents are required to be marked - Application not filed to fill up lacuna in the plaint - Plaintiff..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 63, 65 -- Second appeal - Suit for declaration - Validity of certified copy - Trial Court while decreeing suit had taken into consideration all materials on records including certified copy which were never challenged by defendant - No glaring illegality or..........
Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 14, Rule 2 -- Transfer of suit - Lack of territorial jurisdiction is not a ground to exercise power u/s 24 CPC to withdraw and transfer suits from one Court to another Court - But it is a ground to return plaint U.O.7.R.10 CPC or petitioner may file an appropriate application U.O.14.R.2 CPC to..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Cannot be sought on the ground of illness...........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Sought on the ground of illness - Petitioner is suffering from serious ill-health i.e cancer - However, in a civil suit, petitioner is not required to appear before Court on every date of adjournment and even if petitioner is suffering with such serious illness, she can seek for appointment of Advocate..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Closure of - Plaintiffs filed the applications U.O.40.R.1 CPC and S.45 of Evidence Act, which was also dismissed - They did not file applications immediately on closure of their evidence or when case for first time was fixed for rebuttal evidence - Even otherwise, plaintiffs failed to make out a case for..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) - - Barred by limitation - Suit for declaration, permanent injunction, possession and for setting aside sale deed - Sale deed in question executed in 2009 - Suit filed in the year 2017 i.e after more than 8 years, while limitation for challenging registered sale deed is 3 years - Suit is barred by limitation - Plaint..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 - - Res judicata - Title of suit is already decided between parties in earlier suit - Present suit is thus, barred by res judicata - Even otherwise, suit is filed against dead person which is nullity - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 - - Suit for cancellation of sale deed - Suit neither properly valued not proper Court fee is paid - Plaint rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition - Third party, whose property is included in the schedule of property, can be allowed to be impleaded as a party to the suit instead of driving him to file a separate suit - Plaintiff should be made to discharge the burden of proof of first establishing that the disputed property..........
