Civil Procedure Code, 1908, Section 100 -- Second appeal - First Appellate Court decreed the suit - No substantial question of law arises for decision in the case - Second appeal is concluded by findings of facts and thus, accordingly dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of rent petition - Shop in dispute purchased by counsel of petitioner in name of his wife from landlord during pendency of suit for eviction - Keeping in view narration of facts in transfer application, the apprehension expressed by petitioners cannot be termed to be baseless or without any justifiable reason - It will be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment of plaint sought to introduce additional properties in the suit - She explained that despite due diligence she did not have knowledge of properties now sought to be introduced to prayer column of plaint in due course - No prejudice will be caused to other..........
Civil Procedure Code, 1908, Section 47(1) -- Revision - Maintainability - Parties are in litigation since long time and has not ended - Respondent is in possession of suit property - Necessary ingredients which constitute adverse possession, are completely missing in the plaint - Thus, plea in revision petition is a pure question of law and can be raised at any stage of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of adverse possession - Cause of action - Bar of suit by principle of res judicata - Suit filed by the respondents which is pending adjudication before the Sub Judge which is a suit for declaration of title on the basis of adverse possession - Thus, suit is barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of pecuniary jurisdiction - Suit for cancellation of sale deed - Court below not conducted any inquiry as required and mandated u/s 7 of Karnataka Court Fee Act - Defendant on whom onus rests to demonstrate that Court has no pecuniary jurisdiction or Court fee paid is insufficient, has failed to place..........
Civil Procedure Code, 1908, Order 22, Rule 1 -- Abatment of suit - Once the plaint - itself is rejected, the question of any legal heirs of any of the defendants for the purpose of defending the suit or pursuing the petition, would cease to arise in the first place...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for permanent injunction - Plaintiff was aware of correct address of defendant but intentionally did not give the same - No explanation come forth in plaint or in evidence of giving other address of defendant, which was not supported by any documentary evidence - Application for setting..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed by plaintiffs for challenging sale deed executed by defendants in favour of defendant no.6 - Property in question inherited by parties equally - Defendants sold half share out of suit property - Plaintiffs have no prima facie case or balance of convenience in their favour for grant of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Sale of ancestral property - Question of nature of property as to whether ancestral property or self acquired property can only be decided after parties lead evidence - Temporary injunction rightly declined...........
