Civil Procedure Code, 1908, Section 86 -- Suit against foreign State - Consent of Central Government - Plea that Courts cannot inquire into validity of decision taken by Central Government except when permission is refused - Held, not tenable as Central Government is bound to follow standards they themselves had set in S.86(2) CPC on the pain of their action being..........
Civil Procedure Code, 1908, Section 86, Order 7, Rule 11 -- Rejection of plaint - Suit against foreign State - Consent of Central Government - U.O.7.R.11 CPC only averments in plaint and documents annexed thereto have to be examined and believed to be true and correct - Therefore, in absence of Central Government, legality and validity of sanction u/s 86(2) CPC cannot be..........
Civil Procedure Code, 1908, Section 86, Order 7, Rule 11 -- Rejection of plaint - Suit against foreign State - Consent of Central Government - In absence of Central Government, Court cannot reject the plaint U.O.7.R.11 CPC against foreign State on the ground that consent u/s 86 CPC, although obtained in writing, is substantively invalid...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, Limitation Act, 1963, Article 65 -- Second appeal - Suit for declaration of title - Plea of adverse possession - Plaintiff alleges that he is in possession for last 30 years i.e. since the year 1947 for which cause of action had arisen in year 1977 however, suit was filed in year 2015,..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration of title - Plea of adverse possession - As per oral and documentary evidence on record plaintiff has failed to establish continuous, uninterrupted and peaceful possession over the suit land - Claim of title by adverse possession held, not maintainable -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Counsel pleading no instructions - Notice to defendant not given - Defendants should be given a chance to contest the suit on merits - Ex parte decree set aside subject to payment of costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Cause of action sufficiently set out in notice - It was also made clear that though a Writ Appeal at that point of time was going to be filed against the Writ Petition dismissal, yet this would be a notice to take "appropriate legal action" - More than two months elapsed from the date of issuance of notice,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent prohibitory injunction - Concurrent findings of fact of Courts below is on record that plaintiff was not able to prove that suit property was in his possession - Suit property was in fact in possession of estate right holders - Findings entered by both the Courts below are based upon Jamabandi of..........
Civil Procedure Code, 1908, Order 26, Rule 9, 10(2) -- Appointment of local commissioner - When the expert is appointed as commissioner by Court in a civil case at the instance of one of party, Court may issue commission to such expert for the purpose of elucidating the matter in issue, by directing him to make such investigation and to report thereon - Report of such a..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 21, Rule 17 -- Amendment of execution petition - Suit for eviction, arrears of house rent and damages decreed - Appellate Court confirmed decree of eviction but modified arrears of rent - DHs thereafter filed amendment application to incorporate mathematical calculation of arrears of rent - If..........
