Civil Procedure Code, 1908, Section 65 -- Auction sale - Mortgage property - Loan of Rs.15,000/- taken from bank - Non payment of loan amount - Auction - Bank itself purchased the property - Sale certificate issued in favour of bank - Later on bank sold the property for Rs.10 lakhs - Respondents claiming excess of sale amount in respect of suit property along with rent..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A -- Remand of case by Appellate Court - First Appellate Court remanded case to Trial Court although suit was not disposed of on preliminary issue by Trial Court - First Appellate Court has to decide appeal on merits as per record of Trial Court - Thus, matter remanded to First Appellate Court to decide the same on merits...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of parties - Partition suit - A party can claim transposition from category of defendant to category of plaintiff and vice versa in a partition suit, as position of parties are interchangeable - Per se transportation is not prohibited in partition suit - Even from the point of view of frame of suit,..........
Civil Procedure Code, 1908, Section 2(11), Order 22, Rule 10 -- Impleadment of purchaser - Partition suit - Purchaser of property pending suit can by reference to O.22.R.10, S.2(11) CPC can come on record as legal representative or to continue the lis on behalf of assignor...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of suit - Where LRs of deceased plaintiff are already on record, objection as regards abatement is completely untenable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that ex parte decree obtained by defendant against father of plaintiffs was illegal, null and void and not binding upon plaintiffs - No evidence on record that decree in question was obtained by playing fraud upon Court - Neither father of plaintiffs nor plaintiffs filed any application for..........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a) -- Withdrawal of suit with liberty to file fresh suit - Court has no power to split prayer and allow withdrawal of suit without liberty to file fresh suit - Impugned order set aside - Application allowed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for permanent and mandatory injunction - Restraining defendant from blocking and locking common passage, entrance gate and bathroom at ground floor of suit property - Plaintiff by means of her title documents proved that she purchased basement/lower ground floor, right in common..........
Civil Procedure Code, 1908, Order 8, Rule 6C -- Exclusion of counter claim - Court cannot exclude a portion of counter claim in a suit after framing of issues on the ground that later written statement was amended and an additional relief was incorporated...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Both parties have lead their evidence - Typographical error - Amendment in question is not proved to be bonafide as there will be vertical change in stand of plaintiff, instead of Northern and Eastern portion of alleged encroachment, now portion will be Northern and Eastern and Western - Total dimensions..........
