Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery of money - Leave to defend - Plaintiff not only categorically alleged about loan transactions in question including subsequent disbursal of amounts by defendant by way of repayment of loan - He also substantiated such claims prima facie by producing relevant cheque, bank statements and documents..........
Civil Procedure Code, 1908, Section 151 -- Recall of an order - Application filed by plaintiff - Order pertains to hearing additional issue regarding maintainability of suit as preliminary issue - Pecuniary jurisdiction of Court is determined by Valuation made by plaintiff as per plaint and not on contention taken by defendant - Moreover, question of pecuniary jurisdiction..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant failed to make payment in terms of previous MOU, as cheque issued by defendant got dishonoured - Plaintiff filed a complaint u/s 138 of N.I. Act - Settlement again arrived at between parties before Mediation - Defendant contended that said settlement supersedes the..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory injunction - Objection regarding maintainability of suit being barred by law was raised by defendant - Court below not examined the issue raised by defendant while discussing relevant provision invoked by him in the backdrop of subject matter of suit - Though Court is not expected to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at Appellate stage - Subsequent event - Suit for permanent injunction - Plaintiffs by way of amendment brought on record new added constructions made by defendants during pendency of appeal - Court below is unjustified and erroneous in rejecting application for amendment by not taking into account..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of gift deed - Defendant admittedly is owner of property in question who executed a gift deed in favour of her grand daughter - Plaintiffs on the other hand contended that defendant purchased the property out of funds of plaintiffs - Both the parties are yet to lead their..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - Proposed defendant purchased property during pendency of suit and that too when injunction was operating against all defendants - Said alienation is hit by S.52 of T.P Act - Proposed defendant is not a necessary party to enable Court to effectively and completely..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such shares at preliminary stage..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - To convert suit for permanent injunction to suit for specific performance - Cause of action to file suit for specific performance not barred by limitation on the date of filing application for amendment of plaint - Amendment allowed...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Three conditions must exist for prohibiting Court from proceeding with trial of suit i.e: (i) where there is previously instituted suit between parties; (ii) when matter in issue is directly and substantially same in both suits; (iii) where a suit is pending between same parties or between parties under whom they or..........
