Civil Procedure Code, 1908, Section 92 -- Suit against Public Charitable or Religious Trust - Leave to file suit is pre-condition - There will be no properly instituted suit under law before formal leave is granted - Only after grant for leave to institute suit, other interlocutory applications can be considered and orders can be passed...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave to file suit - Court can grant leave to plaintiff without hearing defendant - If leave is granted, without hearing defendant, he is entitled to file application to revoke leave granted to plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Local Commissioner - Inspection of suit property - Plaintiff asserted that suit property was constructed property, while defendant's case was that it was vacant land - In such circumstances, trial Court while appointing Commissioner directed that only report as to constructions or absence thereof..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Issue of Court fee - Cannot be decided as preliminary issue in the absence of finding that valuation of suit has been done in such manner that valuation of suit would take it out of pecuniary jurisdiction of Court...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for mandatory injunction - Execution of decree cannot be stayed during pendency of suit to set aside ex parte decree - So long as decree holds ground, the same may be executed...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Orders passed by authorities under Haryana Ceiling on Land Holdings Act, declaring land to be surplus is without issuing notice to plaintiffs, who became owner in 1974 - Said order was wholly perverse and against principal of natural justice - In such circumstances, jurisdiction of civil Court is not..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh - Formal defect - Suit for declaration and permanent injunction - Plaintiffs claiming themselves to be trustees of temple - They also claiming right to manage temple - Earlier proceedings initiated with third parties were not mentioned in plaint, as those documents were not..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on the ground of an event which happened before filing of suit, cannot by any stretch of imagination be termed as due diligence, particularly when trial of case has commenced - Amendment rejected...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also and her plea in opposition to..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Proceedings pending before Sub Registrar - Subsequently civil suit filed for partition - Two different cases not pending before two different civil Courts - Proceedings pending before Registrar cannot be termed as suit pending before competent civil Court - S.10 CPC is not applicable - Suit filed by plaintiff cannot..........
