Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - At the instance of defendant - Defendant seeking temporary mandatory injunction against plaintiff for removing the wall by which lane (Gali) has been blocked and for removal of goods lying on the way - Concurrent finding of two Courts below that prima facie case is in favour of defendant -..........
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 372, 218, 278 -- Transfer of petition - Transfer of petition sought to Court where a petition seeking letters of administration in respect of same assets was pending - Assets involved is identical in both the petitions and parties are also broadly the same - In order to avoid conflicting judgments and..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree of declaration of title and permanent injunction - Execution for restoration of possession as possession alleged to have been taken away by J.D. in violation of decree of permanent injunction - Failure of D.H. to prove that J.D. has willfully violated the said decree - Does not entail dismissal of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession and recovery of mesne profits - Issues framed in the matter, evidence to be led, would be relevant and matter cannot be decided at this stage in an application U.O.7.R.11 CPC - Suit cannot be rejected at this stage, as parties are also relying upon oral agreement - Suit is almost at..........
Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of document - Document sought to be summoned by plaintiff was a public document and it could have been produced after obtaining certified copy of same - Defendant specifically denied that document in question is in their possession, thus same can be summoned from revenue Department, as same is in possession of..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Condonation of delay - Delay of 20 days in filing leave to defend - It cannot be said that defendant had unduly delayed filing leave to defend application - Adequate reasons were stated in application for condonation of delay by defendant - Delay in filing leave to defend..........
Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Interlocutory orders - (i) On dismissal of suit for default all interim orders stand terminated unless Court by express order or by necessary implication specify that any order will continue; (ii) On restoration of suit dismissed in default, with notice to the opposite party, all..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Quashing of proceedings - Cheating - False and fabricated document - Complaint filed on the basis that agreement filed in civil suit is forged and fabricated - Though civil suit decreed with finding that agreement in question is forged and fabricated but appeal against the..........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of plaintiff - Sufficient opportunities granted to plaintiff to complete his evidence - Earlier also evidence of plaintiff was closed, as he had not led evidence within time - Despite having been granted 3 opportunities by Court, plaintiff still failed to complete his evidence within time - However,..........
