Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Bank as a party - Suit for mandatory injunction - No dispute inter se bank and borrower - No relief sought against Bank - Cause of action disclosed in plaint is that plaintiff is owner of disputed property and defendant is its licensee who has not vacated despite termination of license - Relief of mandatory..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 38, 39 -- Suit mandatory and permanent injunction - Directing defendant to close main gate, which had been opened illegally, causing obstruction in usage and occupation of plaintiff - Defendant purchased his house and got it repaired after getting site plan sanctioned from M.C. - As per sanctioned..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When no particular date or time for performance of agreement to sell is recorded therein, learned trial court would be justified in asking parties to lead their evidence on issue of limitation at appropriate stage of suit, instead of rejecting plaint at its threshold on account of delay alone - Revision..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - In suit for specific performance of agreement to sell, only validity and enforcement of agreement is to be seen - Contract is with respect to immoveable property, which has already been sold in public auction and sale certificate has been issued - Property was mortgaged with bank by promisor of agreement to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Encroachment - Application for appointment of local commissioner at first instance filed by plaintiff immediately after framing of issues to prove encroachment - However, same was dismissed by Court on very flimsy ground - Subsequently application again filed by plaintiff which was also..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for declaration of title and setting aside sale deed in question - Respondent no.3 is neither a transferee nor does she have right to challenge the transfer, as she claims as an agreement purchaser - Presence of respondent no.3 is not even necessary to convey or pass on any title to any of parties to..........
Civil Procedure Code, 1908, Order 7, Rule 11(b), (c) -- Rejection of plaint - Deficient Court fees - Partition suit - Scope of enquiry U.O.7.Rr.11(b), (c) CPC, was only to see whether relief of partition was undervalued and if properly valued, whether Court fees paid thereon was sufficient - Trial Court therefore, completely misdirected itself in opening up the question as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary party - Once plaintiff has come to know about transfer of suit property in favour of subsequent vendees, it has become his compulsive necessity to implead them - Presence of subsequent vendees was not necessity of plaintiff only, but it would also facilitate trial court to arrive at just conclusion, so as to do..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement has taken objection with regard to suit being premature on ground of no, invoking of arbitration clause - Petitioner did not move any application u/S.8 of Act before filing of written statement - Such application..........
Arbitration and Conciliation Act, 1996, Section 8, Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Petitioner while filing written statement wishes to get issue No.3 to be treated as preliminary issue so as to get suit dismissed as premature in view of existence of arbitration clause in agreement - Once written statement was filed, it amounted to..........
