Civil Procedure Code, 1908, Order 18, Rule 17, 18 -- Suit for possession on the basis of title - Original title deeds seized by police - Summoning of original title deeds to prove photocopies thereof sought at the stage of final arguments - To avoid gross injustice, one opportunity granted to petitioner to prove her title deeds in accordance with the provisions of Evidence..........
Civil Procedure Code, 1908, Section 20 -- Jurisdiction of Court - Cause of action arising at two places - Parties can restrict the place of institution of suit at any one of two places...........
Civil Procedure Code, 1908, Section 80, Limitation Act, 1963, Section 15(2) -- Limitation - Exclusion of 2 months period from the date of notice u/s 80 CPC - Where notice u/s 80 CPC is issued after suit became time barred, limitation period would not be extended for further two months as this provision would be irrelevant...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Termination of lease agreement - Defendant failed to hand over vacant and peaceful possession of suit property - Mere fact that no notice to quit and/or to vacate a demised premises is given would not inhibit a Court from passing a decree of possession, if there is no other..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal of suit in default - No efforts made to get it restored - Bar of institution of fresh suit operates - Sons, claiming under their father, likewise are also debarred even when they obtain a right after lifetime of father - By death of father the right would still be available if only father had the right - If father..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - If issues in subsequent suit are directly and substantially in issue in an earlier suit but subsequent suit decreed, decree cannot be set aside on the ground of pendency of an earlier suit - More so, when there was no application for stay of subsequent suit u/s 10 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction suit - Earlier suit filed by plaintiff as co-owner dismissed - Subsequent suit filed after plaintiff became sole owner of premises - Matter in issue in subsequent suit was not directly and substantially in issue in earlier suit - Even if there may have been some common issues, dismissal of earlier suit would..........
Civil Procedure Code, 1908, Order 22, Rule 9, 10A -- Death of sole respondent - Non-substitution of LR's within time - Abatement of suit - Non information of death of sole respondent to Court by counsel of the party he represented - Information of death of sole respondent was received at later stage by applicants and on account of illness of applicant immediate steps were..........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Admission - Law permits a suit to be decreed on an admission - A suit filed as a summary suit, even if not maintainable as a summary suit, is liable to be converted into an ordinary suit which may result in a decree passed, if an admission surfaces...........
Civil Procedure Code, 1908, Order 37, Rule 1(2)(b)(i) -- Summary suit for recovery - Liquidated demand has to be concerning an amount which can be made certain by mathematical calculations from factors which are or ought to be in possession or knowledge of party to be charged - It must thus exclude demands which need to be quantified after determining disputed facts...........
