Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Partition suit - Suit property is in the custody of defendant, who claimed to have purchased it under a registered sale deed - Said sale deed is however, challenged by plaintiffs who claimed that it was obtained by impersonation - Whether the property belongs to..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Party to decree cannot maintain an obstructor's application U.21.Rr.97, 101 r/w S.151 CPC that too without taking up a contention as to accrual of a independent cause of action that would legally constitute a ground for obstruction to execution of..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101 -- Re-adjudication of rights of parties - Partition suit - Application for re-adjudication of rights sought by petitioner who is party to decree on the ground that property vested in a widow goes to her hands by divestation, as she contracted second marriage - However, no widow can be deprived of property..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Before commencement of trial - Relief of specific performance sought by way of amendment in the suit for permanent injunction - Pleadings necessary in suit for specific performance have been taken to some extent in original plaint and further pleadings are now sought to be added - It cannot be said that..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Decree for specific performance - Appeal cannot be dismissed solely on ground that impugned decree and judgment are put into execution - If appellant is able to demonstrate that he could not contest the suit on merits bona fide and if reasons offered by appellant are acceptable, impugned judgment and decree will have..........
Civil Procedure Code, 1908, Section 96 -- First Appeal - Decree for specific performance - Decree put into execution - Entire proceedings of trial including examination of two witnesses and final arguments completed within a period of 31 days from date civil Court recorded that defendant/appellant did not have written statement to file - Defendant is categorical in his..........
Civil Procedure Code, 1908, Order 26, Rule 13 -- Appointment of Commissioner - Partition suit - Preliminary decree - Earlier application for appointment of Commissioner was not pressed and on same day present application filed for praying for appointment of Commissioner to carve out share of DH in house property and movable property - Explanation given by DH that earlier..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for declaration and permanent injunction by private trust - Pleadings in plaint making out triable issues, which have to be proved by either party during trial by letting in evidence - Issue of limitation is also a mixed question of fact and law requiring proof - Court considering application to..........
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 6 -- Principle of res-judicata - Has no applicability when a suit u/s 6 SRA is instituted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact - Suit for permanent injunction - House in question was ancestral and predecessor-i, interest of plaintiff and uncle of plaintiff were real brothers - Half of house thus, come in the share of plaintiffs - Defendant thus, directed to handover vacant possession of disputed portion of house - No..........
