Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Defendants contended that they did not receive suit summons and their father died much prior to date of statement of account on which suit was filed - Statement of defendants in their affidavit filed in support of application filed for setting aside ex parte decree..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - At the time of filing suit for permanent injunction, plaintiff knew that defendant has refused to honour agreement to sell and inspite of accrual of cause of action for filing suit for specific performance plaintiff did not include the relief of specific performance - Subsequent..........
Civil Procedure Code, 1908, Section 10 -- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at Meerut seeks partition of entire..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to defendant in suit, ex parte..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Issue of exchange of property raised for first time in written statement - If theory of exchange as advanced by defendants is found to be correct, plaintiffs may loose their case - Plaintiffs therefore, entitled to question this pleading which can no, suit their case totally - Filing of rejoinder thus, warranted in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to include relief of possession - Once there is specific prayer for declaring the agreement to sell to be null and void, relief of possession is inevitable...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Defendants alleged that some of properties are not partiable and they became exclusive owners of suit property after death of their father - In view of said stand, defendants shall begin first - Only when defendants lead some evidence in proof of their case, plaintiff shall be obliged to lead..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary and proper party - Question of mistaken identity cannot be gone into in a suit for specific performance - Parties in question neither necessary nor proper party to lis, as plaintiff does not claim anything against them - Application dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit with liberty to file fresh suit - Bar to file fresh suit - Suit for permanent injunction - Previous suit for injunction dismissed on twin grounds that there is no threat qua interference in his possession or dispossession by forcible and illegal means and suit is bad for want of notice u/s 49 of SRA -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Bar to file fresh suit - Suit for permanent injunction - Previous suit for injunction dismissed on twin grounds that there is no threat qua interference in his possession or dispossession by forcible and illegal means and suit is bad for want of notice u/s 49 of SRA - S.11 does not debar to file fresh suit on a..........
