Civil Procedure Code, 1908, Order 9, Rule 13 -- Decree passed in the counter claim - Suit not pressed - Suit dismissed and counter claim decreed - Answer to the counter claim was not filed - Plaintiff was not declared ex parte to the counter claim - Decree not passed U.O.8.R.10 CPC - Held, even though the suit was `not pressed' but such a concession was not there for..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Suit not pressed - Where a suit is dismissed on account of clear admission that suit was `not pressed', such a dismissal cannot be categorized as one U.O.9.R.8 CPC and therefore, an application U.O.9.R.9 CPC is not maintainable as against dismissal of suit...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Once by judicial admissions plaintiff admits in earlier civil proceedings that she sold the property to defendant No.3, said admissions can be basis of creation of rights in favour of defendant No.3 and thereafter different case cannot be set up that suit property was not sold by plaintiff - Suit..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Competent civil Court is not powerless to grant appropriate relief at the interim stage of civil proceedings even during pendency of decision as to preliminary issue of jurisdiction if raised by party to suit...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Since the letter of administration did not vest any absolute legal title in applicant Nos. 1 & 2 to sell the disputed property, Court below while exercising its power u/s 151 CPC rightly injuncted applicants from creating third party rights in respect of suit property and restrained them..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Where tenant admitted the relationship of tenancy and period of lease agreement but resisted landlord's claim by setting up a defence plea of agreement to sale and also filed suit for specific performance, which of course is contested by landlord, such issues arising between parties..........
Civil Procedure Code, 1908, Order 13, Rule 10 -- Summoning of document filed in a suit pending before another Court - If bringing on record a document is essential for proving the case by a party, ordinarily the same should not be refused since it is Court's duty to find out the truth - Application allowed...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 32 -- Decree for possession - Possession delivered - Decree holder again deprived of possession after one year and six months - Held, once decree for possession is satisfied and plaintiff is again deprived of possession after a considerable time, remedy lies in seeking appropriate relief by filing suit for possession..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit when not maintainable, Local Commissioner cannot be appointed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Limitation Act, 1963, Article 54 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Cause of action accrued to plaintiffs in 2007 - Period of limitation as per Art.54 of Limitation Act for filing suit for specific performance of contract expired in 2010 - Suit filed in 2011 after expiry of more than..........
