Civil Procedure Code, 1908, Order 32, Rule 2 -- Property of minor - Suit filed by next friend - Non-impleadment of minor children - Petitioner who is major, himself claiming A-Schedule property in suit - Merely because in suit petitioner also sought relief for B-Schedule Property, which he claims to be belonging to his minor children, Court below could not have directed..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Subsequent added defendant - Neither filed written statement nor adopted written statement of any other defendant - At a later stage wanted to adopt written statement filed by defendant No.6 - Inspite of the delay application allowed looking to subject matter of suit and pleadings already taken - However,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal - Appeal dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay of 513 days - Plea of illness and non intimation of dismissal by counsel - Said plea not substantiated by plaintiff - Even delay of 513 days in approaching Court not explained by plaintiff - Application for restoration of suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Pre mature suit - Presupposes non accruing of cause of action on date of filing of suit - Pre mature suit is liable to be dismissed in limine...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Fraud - Plaint bereft of ingredients of fraud - Plaint cannot be rejected when suit is not filed only on the ground of fraud...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b) -- Rejection of plaint - Facts pleaded in plaint prima facie reveals a cause of action in favour of plaintiff to file suit - Defendant failed to establish that there is no cause of action and even equally failed to establish that suit is barred by any law for time being in force - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Suit for recovery of money - Suit partly decreed by trial Court in favour of plaintiff - - Appellant challenged estimate and technical report - First Appellant Court without giving any reason affirmed judgment and decree of trial Court - First Appellant Court being final Court of facts has to apply his mind before..........
Civil Procedure Code, 1908, Section 96(4) -- Appeal - Recovery suit - No question of law arises for consideration - It is only an appeal u/s 96(1) CPC which lies...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Partition suit - No dispute regarding possession over plot in question - Application filed just for purpose of delaying proceedings of appeal - No infirmity found in impugned order of rejecting application for appointment of local commissioner...........
