Civil Procedure Code, 1908, Order 7, Rule 11(a), (d), Limitation Act, 1963, Section 22 -- Rejection of plaint - Barred by limitation - Suit for damages and injunction - Continuing wrong - Dumping of mining rejects in the suit property - Pleadings are about continuing breach and obtuse attitude in committing the wrong de die in diem - Provision of S.22 of Limitation Act is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Valuation of suit - In order to determine the valuation of suit, recitals/averments in plaint are to be considered - Defence of defendant cannot be taken into consideration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Every co-sharer is deemed to be in possession of every inch of joint land - Plaintiff, being a co-sharer is in possession of suit property, thus not required to affix ad-valorem Court fees according to value of suit property - No defect in valuation of suit -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for specific performance - Whether registered agreement to sell was executed between parties as pleaded in plaint and whether plaintiff had been ready and willing to perform his part of agreement - These are questions of fact and not of law - Such questions of fact can be decided..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Breach of injunction order - Court which granted injunction or any Court to which suit or proceeding is transferred are competent to pass appropriate order in terms of O.39.R.2A CPC...........
Civil Procedure Code, 1908, Order 22, Rule 2, 3 -- Eviction petition - Petition filed by four joint owners - Death of one plaintiff - Abatement of suit - Suit for eviction can be filed by one of them or some of them without joining the others as plaintiff - Since surviving plaintiffs could have filed eviction suit even without joining the deceased plaintiff, right to sue..........
Civil Procedure Code, 1908, Section 24(5), 151 -- Transfer or withdrawal of suit or appeal - Instead of waiting for the process of returning the plaint or appeal for representing it before the appropriate court, the superior court can withdraw or transfer such suits or proceedings - This power to transfer includes the power to transfer appeals as well...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party as co-defendant - Suit for specific performance - Applicants claiming right and interest in suit property and they were able to show requisite "semblance of title and interest" necessary for impleadment - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Possibility of multiplicity of proceedings by no, impleadment of a third party in a suit for specific performance and existence of a "semblance of title" in the party seeking impleadment are the guiding criterion for permitting application for such impleadment...........
Family Courts Act, 1984, Section 7, Civil Procedure Code, 1908, Section 37 -- Jurisdiction of Family Court - Execution proceedings - Family Court has no jurisdiction to execute decree as expression `suit' or `proceeding' used in S.7 of Family Courts Act does not include execution proceeding - Bar contained in S.8 of Family Court Act therefore, not applicable - Execution..........
