Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38 -- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to..........
Civil Procedure Code, 1908, Section 13 -- Foreign judgment - S.13 CPC does not provide for filing of a suit - It merely provides for cases in which a foreign judgment would be conclusive and in which it would not - Though undoubtedly on foreign judgment of a territory with which India does not have reciprocity treaty, a suit can be filed in India but plaintiff would still..........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Written contract - Joint motion/judgment of US Court - Consent judgment retains the character of contract and same cannot be altered or modified by Court without consent of parties who has consented thereto - Thus, notwithstanding joint motion having crystallized to a judgment of US Court,..........
Civil Procedure Code, 1908, Section 20, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Leave to defend - Territorial jurisdiction - Joint motion/judgment of US Court - Plaintiff in his plaint not pleaded any business of defendants within territorial jurisdiction of this Court or even given the place of residence of defendant No.1 - Without plaintiff being able to..........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - A mere withdrawal of suit without seeking anything more can always be permitted - Defendant has no right to compel plaintiff to prosecute suit by opposing withdrawal of suit sought by plaintiff except to claim cost for filing a suit against him...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit on the same subject matter - Defendant can object to such prayer made by plaintiff - In such event, it is for Court to decide as to whether permission to seek withdrawal of suit should be granted to plaintiff and if so on what terms...........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - Plaintiff applied for withdrawal of suit U.O.23.R.1(1) CPC - Trial Court permitted such withdrawal subject to payment of cost of Rs.350 to defendant - Such order is in conformity with O.23.R.1(1) CPC - High Court committed error in interfering the judgment of Trial Court and reversing the same - High..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Amendment of plaint - Partition suit - Amendment sought to add certain properties and necessary parties to suit - Suit for partition is not tenable unless all co-owners are joined as parties - Co-owners are necessary parties to suit and suit should not be dismissed for no,..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Question involved in subsequent suit for cancellation of sale deed as to whether petitioner had any right in property during life time of his father was already decided in earlier suit for permanent injunction - This would operate as res judicata - Subsequent suit dismissed being barred by res judicata...........
Civil Procedure Code, 1908, Order 11, Rule 21, 12 -- Non compliance of order passed U.O.11.R.12 - Does not entail dismissal of plaintiff's suit or striking out defendant's defence...........
