Civil Procedure Code, 1908, Order 16, Rule 1 -- Ancestral property - Proof of - To prove nature of property as ancestral, revenue excerpt is essential and necessary for placing on record and in absence thereof suit may be dismissed - Kanungo did not bring the complete record as record was only upto particular pedigree - Summoning of other Kanungo to prepare excerpt afresh..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand - Powers of appellate Court - Evidence of both the parties available on record - Only a legal issue pertaining to question whether suit is barred by limitation, remains undecided - Appellate Court directed to decide the issue of limitation itself being First Appellate Court, as evidence is already led - Order of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was present in almost all hearings before trial Court which indicates that he was genuinely pursuing the matter - Application for restoration of suit filed within period of limitation - Plaintiff having filed the suit for declaration and injunction ought to be given an..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Suit for specific performance - Defendant had been lackadaisical and tardy in not contesting the suit - It cannot be believed that defendant did not have knowledge of pendency of suit as before filing of the suit a legal notice under registered cover was served - Plaintiff in pursuance to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Status quo order - Plaintiff has raised arguable question in suit, which needs to be determined on the basis of totality of evidence to be led on record by respective parties - He has been able to show prima facie case in his favour and balance of convenience also lies in his favour - Factum of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Cheating - As per wife, husband fraudulently took her signatures on divorce deed - Rather, compromise was effected between the parties and suit was withdrawn by husband which shows that they are residing happily - Hence, it cannot be said that husband has deceived..........
Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Suit for possession of trust properties - Maintainability - Institution in question is a Hindu religious institution and endowment, having regard to duties discharged by it and intentions of propounder of trust - Temples were established for..........
Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 44, Rule 1, 3 -- Indigent person - Permission declined to institute suit as indigent person - Not a bar to file appeal as an indigent person - Appellate Court to hold inquiry as contemplated U.O.44.R.3(2) of the Code and to pass appropriate orders...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application cannot be dismissed by holding that suit is not maintainable in the absence of an application filed U.O.7.Rr.10, 11 CPC - No such prayer could be appreciated and that too in the application U.O.39.Rr.1,2 CPC - Impugned order set aside...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Preservation of suit property till disposal of suit - Direction to defendant no.2 - Partition suit - Defendant no.2 had expired - However, no steps taken by plaintiff to bring on record LRs of deceased defendant - Trial Court decided the application U.O.39.R.7 CPC without considering the fact that order U.O.39.Rr.1, 2 CPC is..........
