Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to remand the case to trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Two civil suits i.e suit for permanent injunction and suit for mandatory injunction were filed on same cause of action - Though earlier suit was withdrawn, whereas, no liberty was sought to file fresh suit - Application U.O.23.R.1 CPC was filed thereafter, but withdrawn subsequently - Application for..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not raised said plea in written..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Plaint - Description of property - Where subject matter of suit is immovable property, plaint shall contain a description of property sufficient to identify it - Such description enables the Court to draw a proper decree as required by O.20.R.3 CPC - In case, such property can be identified by boundaries or numbers in a record..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Positive statement required by law to be pleaded in the plaint regarding constitution of HUF missing - Plaint does not disclose actionable cause of action - Proposed amendment of plaint does not improve this lack of actionable pleading - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of Managing partner during pendency of suit - Suit does not abate on death of one of the partners during pendency of suit - Question substituting heir and legal representative of the partners does not arise - Death has no impact on suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Amin (Court) Commissioner - Suit for declaration of right, title and interest and correction of settlement map - Dispute as to measurement of land - There is no impediment to appoint Amin Commissioner to ascertain measurement of land - Application allowed...........
Suits Valuation Act, 1887 -- Auction sale - Execution for delivery of possession dismissed in default - Thereafter suit for declaration of title and possession filed - Held, suit is not barred u/s 47 CPC even after dismissal of application for possession in default or on ground of limitation - Auction purchaser can filed suit for declaration and possession within twelve..........
Civil Procedure Code, 1908, Order 17, Rule 2 -- Part cross examination done - Non appearance of defendant for his further cross examination - Trial Court cannot dispose of suit by taking into consideration evidence of plaintiff alone without considering evidence of DW1 which is on record - It is contrary to provision of O.17.R.2 CPC - Thus, impugned judgment and decree is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Restraining defendant from interfering in his sehan (appurtenant of land) land - Plaintiff failed to establish that suit property is his sehan land - Both the Courts below disbelieve the testimony of PW2 and statement regarding suit property and facts regarding possession was not..........
