Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence Failure to deposit rent - Dispute between father, son and daughter-in-law - Father claimed himself to be owner of suit house and respondents are residing in a part of suit house as licencees - However, respondents denied their status as licencees and further their liability to pay any licence fee - Even..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction order - Extension of time to vacate - Defendant/tenant not assailing the judgment on merits, as he only wanted six months time to vacate the suit premises - However, when the defendant does not want to pay mesne profits as per the impugned judgment passed on merits, accordingly, there is no scope for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement at appellate stage - Suit for declaration on the basis of Will - Amendment sought to incorporate the fact that Will produced by plaintiffs has been revoked by testator through registered revocation deed, therefore, plaintiff has no right to file the suit on the basis of revoked Will - However,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Restraint order sought restraining defendant from alienating to property to others - No privity of contract between plaintiff and real owner of suit property - Real owner of suit property cannot be restrained from transferring its property...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Auction sale - Objections - Respondents/objectors not in possession of suit property prior to passing of decree - Predecessor of respondents was party to sale certificate which respondents never challenged - Suit was duly contested by original defendants for a long period of 30 years - It cannot be said that..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Dismissal of suit U.O.11.R.21 CPC - Provision is directory and not mandatory - Dismissal of suit is to be only as a last resort when conduct of a party is either in wilful breach or contumacious - While considering whether conduct is wilful attempt to disregard order of Court resulting the trial of suit being arrested, the..........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit for damages - Plaintiff suffered injury at the time of his birth at Nahan, however, he actually suffered loss at Shimla as well - Initial wrong thus, done at Nahan but its resulting effects and damages/tortuous act of defendants also furnish cause of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining appellant from interfering peaceful possession and enjoyment of `A' schedule property - Plaintiff failed to show any semblance of evidence that he is in possession of `A' schedule property - Even on the contrary, plaintiff suffered adverse findings in this regard in his earlier..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Withdrawal of suit allowed in view of objection by defendant in written statement that civil suit is not maintainable in view of Arbitration clause in written agreement executed inter se between parties - Defendant is thus estopped from raising objection due to its own act and conduct - Parties cannot be allowed to..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objection by sub-tenant - Sub-tenants in wrongful possession of suit property has successfully dragged the proceeding for more than three decades by taking undue advantage of procedural complications - Frivolous defences and frivolous litigation is calculated in the case - Long litigation which..........
