Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration - Cause of action for fling suit arose when plaintiff came to know about purported purchase of suit property by defendant - Plaintiff was aware of Certificate of Purchase from year 1985 and he filed suit in year 2004 - Thus, suit is barred by limitation u/art..........
Civil Procedure Code, 1908, Section 100, 96 -- Second appeal - Suit for permanent prohibitory injunction - Trial Court decreed the suit - First appellate Court allowed the appeal without recording its own independent finding and without reverting/setting aside finding recorded by Trial Court - Order passed by Trial Court is not sustainable in eyes of law and thus set aside..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff able to show his prima facie case by depicting that he is owner in possession of suit land (his name being recorded in khasra and Khatauni in revenue records) - Relief of temporary injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Specific Relief Act, 1963, Section 38, 41 -- Injunction and temporary injunction - Parameters for deciding temporary injunction application and suit for permanent prohibitory injunction are entirely different - One is governed by O.39.Rr.1,2 CPC and the other is decided on the basis of provisions contained in Specific Relief..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Recovery suit - Sufficient averments in plaint as to why plaintiff was constrained to approach Court for purpose of recovery of amount - Plaint discloses date of accrual of cause of action - Therefore, plaint contains facts containing cause of action and date when it arose -..........
Civil Procedure Code, 1908, Section 34 -- Interest pendente lite - Hand loan - Grant of interest pendente lite is within discretion of Court and its grant is not limited only to commercial transactions - Award of interest at the rate of six per cent per annum from the date of suit till its realisation - No interference warranted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary party - A person claiming adverse to the claim of vendor, is not a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Necessary party - Petitioner claims suit property as joint family property in which he has undivided share - Impleadment would convert suit for specific performance of contract into suit for title - Impleadment cannot be granted...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where certain plea is raised and decided in execution proceedings and order thereon attained finality, same plea cannot be allowed to be agitated again by filing a separate suit, as it is barred by law of res judicata...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - Setting aside - Fraud or collusion - Separate suit to challenge compromise decree is not maintainable - Compromise decree is to be challenged before same Court under provision of O.23.R.3 CPC...........
