Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 6 -- Impleadment of daughters - Partition suit - Father died in 1970 before amendment in S.6 of Hindu Succession Act - Daughters thus, had no right or legal interest in suit property - They are neither necessary nor a proper party in suit - Impugned order of impleading daughters in partition..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - `No instructions' - Counsel not intimating plaintiff - Court also did not issue fresh notice to plaintiff - Factum of reporting no instructions without informing plaintiff by counsel of plaintiff constitutes sufficient cause within meaning of O.9.R.9 CPC - Suit restored...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where serious factual disputes and defence of defendants in suit is on record, it is not permissible for making roving enquiry for disposal of application filed U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Trial already commenced - It is desirable to record findings on various contentious issues and disputes in the suit on merits by appreciating evidence but at the same time there is no reason or justification to decree the suit at that stage...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for specific performance - Plea that pages 3 & 4 of the agreement are tampered and their signatures are fabricated - When specific issue is already framed regarding agreement being tampered and fabricated as alleged by defendant, it cannot be said that there are categorical and unconditional..........
Civil Procedure Code, 1908, Order 37, Rule 1, Civil Procedure Code, 1908, Order 8, Rule 5 -- Recovery suit for loan amount - Undefended suit - Defendant never denied and in fact admitted the loan amount received from plaintiff in reply to letters issued by plaintiff - In fact defendant never denied the oral agreement executed between parties - However, defendant never came..........
Civil Procedure Code, 1908, Order 21, Rule 102 -- Execution - Third party objections - Person inducted as tenant, in the suit premises, during pendency of proceedings - Such person has no right to be heard, by Executing Court, before delivery of possession - Execution Court directed to proceed execution proceedings and issue necessary police aid for effecting delivery of..........
Transfer of Property Act, 1882, Section 122, Civil Procedure Code, 1908, Order 8, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 24 -- Gift - Photocopy of Gift Deed adduced into evidence and marked, as original Gift Deed was not available at time of adducing evidence - Defendant No.1 submitted Gift Deed on date of arguments - Held, according to Gift Deed Defendant No.1..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Petitioner unsuccessful in earlier suit, cannot again re-agitate the same issue by way of an application U.O.1.R.10 CPC - He is neither necessary nor proper party to lis - Intervenor has taken prevaricating stand - Application rightly rejected...........
Civil Procedure Code, 1908, Order 21, Rule 11(2) -- Execution - Suit for possession by Trust - Where execution petition preferred by Secretary of DH/Trust was proper and legal, it was not necessary for DH to have signed execution petition...........
