Civil Procedure Code, 1908, Section 97, Order 7, Rule 7 -- Preliminary decree of partition - Correctness of preliminary decree cannot be challenged in final decree proceeding when no appeal was preferred by defendant against preliminary decree - However, issue as to boundaries and description of suit properties consistently and sufficiently averred by defendant to warrant..........
Civil Procedure Code, 1908, Order 21, Rule 90, 92 -- Auction sale - Setting aside - Application U.O.21.R.90 CPC to set aside sale on the ground of material irregularity dismissed and sale confirmed - Objector is precluded by virtue of provision U.O.21.R.92(3) CPC from bringing a fresh suit to set aside sale on the same grounds...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit - Leave to defend - Can be granted only when defendant raises genuine triable issues and not when defence raised is frivolous and vexatious...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 9, 10 -- Rejection of plaint - Non-disclosure of cause of action - Suit for recovery of money against appellant and contractor - Neither plaint nor documents disclosed any evidence to proof that appellant has nexus to sub-contract between plaintiff and contractor - Not their exist a..........
Civil Procedure Code, 1908, Order 22, Rule 4(2), Civil Procedure Code, 1908, Order 9, Rule 7 -- Death of defendant - Ex parte hearing against LRs of deceased defendant - LRs failed to file additional written statement - Suit cannot be set for ex parte hearing against such LRs, as they may choose to adopt written statement filed by original defendant...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte hearing - Setting aside - Death of defendant - Suit was set for ex parte hearing against LRs of deceased defendant, as they failed to file additional written statement - Though LRs have not taken steps in the matter, but they have offered plausible explanation for such default on their part, as they were not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment a party - Applicant was purchaser of suit land - Patta of plaintiff was revoked on applicant's objection with a direction to get decided the issue of ownership from competent Court - Trial Court was of view that applicant was entitled to be impleaded to enable it effectually and completely determine and settle all..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10 -- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Pre-suit assignment or creation or devolution of interest, does not attract provision of O.22.Rr.4, 10 CPC, particularly when assignees abandoned his befitting solitary locus to defend..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 4, 10 -- Death of defendants - Substitution of assignees - Pre-suit assignment - Assignment occurred prior to institution of suit - Though assignees empowered to be arrayed as party defendants at the inception of lis, but since they enable to seek their impleadment, they abandoned/waived their rights to contest the..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Suit for recovery of possession and damages - Defendants claiming delivery of possession - Onus has necessarily to be on the defendants - Defendants to lead their evidence first and if so desire can lead evidence in rebuttal on the issues of which onus is on plaintiff...........
