Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Where question of possession is in dispute, then trial Court must frame a issue with regard to maintainability of suit in absence of consequential relief of possession...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issue - Issue with regard to maintainability of suit in absence of consequential relief of possession - Question of possession is in dispute - However, said issue cannot be raised first time before Appellate Court, but it should be raised at earliest because if so required, plaintiffs can amend plaint -..........
Civil Procedure Code, 1908, Section 47 -- Execution - Delivery of possession - Suit for declaration and recovery of possession and permanent injunction - Executing Court issuing delivery of possession as sought by DH in the proceeding, when Appellate Court held that plaintiff is in possession of suit land - Said order of Executing Court attained finality - Thereafter,..........
Civil Procedure Code, 1908, Section 35B, Order 17, Rule 3 -- Dismissal of suit U.O.17.R.3 CPC - Non-payment of costs by plaintiff - Impugned order though makes reference of no, payment of Costs but trial Court not dismissed the suit on account of failure of plaintiff to pay costs by invoking S.35-B CPC - Court has not taken a serious view of failure of plaintiff to pay..........
Civil Procedure Code, 1908, Section 11 - - Constructive res-judicata - Earlier suit for declaration of title and subsequent suit for possession - Earlier suit was between same parties for same property - Even, issue involved in subsequent suit is directly and substantially involved in earlier - Moreover, only on guise of forceful dispossession by plaintiff, it cannot be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff instituted suit in respect of Schedules `A' and `B' properties - Defendant asserts that plaintiff has no cause of action against her in respect of Schedule `B' land - Plaint cannot be rejected in part and if no cause of action is disclosed, plaint as a whole must be rejected - However, on a..........
Civil Procedure Code, 1908, Order 7, Rule 11, Benami Transactions (Prohibition) Act, 1988, Section 4 -- Rejection of plaint - Plea that suit is barred u/s 4 of Benami Transaction Act - Plea can be decided only when parties lead evidence and not at the stage of deciding application U.O.7.R.11 CPC - Application dismissed...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit by next friend/guardian - O.32.R.15 CPC prescribes that application can be filed for a person who is adjudged in an enquiry to be of unsound mind and shall also apply to a person who, though not so adjudged was found by the Court on enquiry to be incapable of any mental infirmity, of protecting his interest when suing..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Consent decree - Separate suit to challenge - Bar to maintainability of suit U.O.23.R.3-A CPC is only with respect to decrees passed on the basis of compromise and not on the basis of consent - There is a mark difference between decree which has been passed on the basis of compromise U.O.23.R.1 CPC vis-a-vis decree passed..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Separate suit to challenge compromise decree obtained on the basis of compromise is not maintainable...........
