Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for recovery of possession u/s 6 of Specific Relief Act - Objections filed on the ground that S.185 of Delhi Reforms Act bars a civil suit for recovery of possession - However, bar under said Act is not attracted, as suit property is not agricultural land - There was thus no inherent lack of..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection of counter claim - Circumstances and conditions under which counter claim can be rejected are : (a) Wherever defence to a suit can survive even if counter-claim goes, then Court will be entitled to invoke O.7.R.11 CPC and reject the counter-claim; (b)..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter-claim shall be treated as plaint and governed by rules applicable to plaints - But it does not mean that it is no more a written statement - It is also a written statement to which O.8 CPC applies, even while O.7 CPC is made applicable to a part of the same - O.8.R.6-C CPC gives right to plaintiff to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At appellate stage - Can be allowed even at appellate stage - However, when suit is dismissed as not maintainable for non joinder of necessary parties, then judgment and decree so passed cannot be permitted to be frustrated by allowing an application U.O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party is a party in whose absence no decree at all can be passed and suit is liable to be dismissed for want of necessary party - Non-joinder of necessary party in a suit is thus, fatal...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - In every suit, plaintiff has right to begin unless defendant admits the facts alleged by plaintiff and contends that either in point of law or on some additional facts, plaintiff is not entitled to any part of the relief...........
Civil Procedure Code, 1908, Order 34, Rule 11(a)(iii) -- Interest - Recovery suit for losses and security deposit - In absence of any written condition on rate of interest, guidance can always be taken from O.34.R.11(a)(iii) CPC...........
Specific Relief Act, 1963, Section 34, 38, Civil Procedure Code, 1908, Order 21, Rule 101 -- Suit for declaration that decree of possession passed in civil suit is null and void and also for permanent injunction and compensation - Objections against said decree already filed U.O.21.R.101 CPC in execution petition - Separate suit for declaration against the very same decree..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of civil suit - Simultaneous prosecution of civil and criminal proceedings - Provision of S.10 CPC is inapplicable, as it is not a case of two Courts of concurrent jurisdiction trying two parallel suits in respect of same matter in issue - Consequently, it was not open for High Court to bypass S.10 CPC by invoking S.151..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a co-sharer in a partition suit..........
