Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Matter in issue in both the suits is different, as previous suit is for declaration, challenging sale deeds and permanent injunction from alienating suit property, whereas subsequent suit filed for permanent injunction restraining defendants from interfering in its possession - Possession is not in dispute..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(3) -- Production of documents - Suit for specific performance - Documents sought to be produced by way of application are not documents which ought to be produced in Court by plaintiff or ought to be entered in list of reliance at the time of presentation of plaint, as these documents never relied upon by plaintiff..........
Haryana Ceiling on Lands Holdings Act, 1972, Section 26(b), Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Civil suit for declaration challenging legality of order passed by Prescribed Authority under 1972 Act is clearly barred by S.26(b) of 1972 Act - Remedy of plaintiffs in such case lies in filing appeal/revision u/s 18 of the Act...........
Civil Procedure Code, 1908, Order 38, Rule 8, Civil Procedure Code, 1908, Order 8, Rule 6A -- Claim petition U.O.38.R.8 CPC by third party - Counter claim - Maintainability - Counter claim is maintainable in claim petition filed by third party U.O.38.R.8 CPC, as petitioner who filed attachment petition would get the status of a defendant in a suit in said claim petition,..........
Civil Procedure Code, 1908, Section 151 -- Interim maintenance - Claimed by plaintiff and his family - Suit for partition and separate possession - Plaintiff failed to prove prima facie case regarding his entitlement of his share in suit properties - He thus, not entitled to any interim maintenance - Application for interim maintenance held, dismissed being not..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100 - - Delay of 277 days in filing second appeal - Title suit was decreed on the ground of default - First Appellate Court affirmed judgment and decree passed by trial Court - Immediately defendant filed review application as advised, which was also dismissed - Second appeal filed on behalf of defendants..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Decree for possession and permanent prohibitory injunction - Defendant filed application for stay of execution on the ground that suit land was not identifiable and decree is unexecutable - However, land is clearly described and depicted in decree, there is thus, no ambiguity with regard to description of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit clearly barred by law of limitation - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by limitation - Plaintiff by clever drafting tried to bring suit within period of limitation, which otherwise is barred by law of limitation - Suit clearly barred by law of limitation - Plaint is required to be rejected U.O.7.R.11 CPC...........
