Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible and definitely power..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Identity of property was questioned by JD - However, in execution petition question of identity of property could not be raised - After passing decree in favour of DHs, it is for them to look out the question of identity of property - Petitioner who is JD, cannot canvass legality of decree - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by limitation - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 38 -- Rejection of plaint - Concealment of relevant facts - Suit for injunction - Plaintiffs made serious concealment regarding possession in plaint - Possession is of great relevance in a suit for injunction - Plaintiff cannot be permitted to make a false statement or conceal true facts from..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that at time of execution of Will, plaintiff was in womb of his mother therefore not included as beneficiary under Will - Will probated and proved in..........
Civil Procedure Code, 1908, Order 20, Rule 18, Succession Act, 1925, Section 27(c) -- Partition suit - Grandfather of plaintiff and defendant executed Will by giving absolute right in suit property to defendant - Plea that father executed settlement deed in favour of his wife so that both plaintiff and defendant should enjoy suit property equally - Admittedly, father had..........
Civil Procedure Code, 1908, Order 20, Rule 18, Registration Act, 1908, Section 17 -- Suit for partition - Will in favour of defendant - Plaintiff claimed partition on basis of agreement for dividing suit property - Agreement was unregistered and not acted upon by parties - Agreement cannot confer right over property to claim partition...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Suit for specific performance - Whether time is essence of contract of sale is a question of fact and can be addressed by trial Court after parties lead evidence - Such question cannot be dealt with in an application U.O.7.R.11(d) CPC - Application rightly rejected...........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Examination of plaintiff's witnesses - At the stage of evidence of defendant - Suit for injunction - Application moved by plaintiff to bring in his evidence two other witnesses who were neither in his list of witnesses nor they were produced before trial Court - 16 years had already lapsed from the date of filing of suit -..........
