Civil Procedure Code, 1908, Order 26, Rule 9, Specific Relief Act, 1963, Section 34, 38 -- Appointment of surveyor - Suit for declaration and injunction - Allegation that defendants encroached into plaintiff's land by removing portion of stone wall and throwing rubbish and draining sullage water into his property - Report of Commissioner and Taluka surveyor disclosed..........
Civil Procedure Code, 1908, Section 96 -- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against preliminary decree - Application for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed - Ancestral property - Where plaint filed seeking cancellation of sale deed on account of fact that suit property was ancestral and transfer was made without any reason, basis or necessity, transaction was only voidable and not void, therefore suit is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mistake of counsel - Suit for declaration - Party shall not be made to suffer for the mistake of counsel specially when his valuable rights are at stake...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Once it is established or Court is satisfied that party is necessary party to suit, it becomes question of law and said question can be raised for first time in appeal...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Right of necessary party to contest suit does not depend upon mercy of contention taken by defendant that suit is bad for no, joinder of necessary party - Whether person is necessary party or not is question of fact depending upon relief claimed in suit - Failure of defendant to take contention that party is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Suit for declaration of status - Illegitimacy of child sought to be declared - Father filed suit to declare that he is not father of child - Child alone will be person affected by declaration if it is granted - Thus, child is necessary party to suit - Without child on party array its paternity and legitimacy..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand for de-novo trial - Suit for declaration regarding illegitimacy of child sought by father decreed without child array as party to suit - Re-trial of case is considered as trial is held and evidence including DNA profile report let without child being array as party - Child should not be compelled to be bound by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for cancellation of sale deed and permanent injunction - Amendment sought at the stage of defendant's cross-examination - Suit filed in 2008 - Defendant seeking amendment to incorporate the incident of 2016 in 2017 - He failed to explain inordinate delay of over a year in seeking..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Findings made in interlocutory applications like application for temporary injunction will not operate as res judicata in deciding issues at the stage of final disposal of a suit...........
