Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - In case Court is doubtful about issue of limitation or two views are possible, the benefit would go in favour of plaintiff and issue of limitation be postponed for determination after trial - However, if it is apparent on record from the reading of plaint and documents that plaint does not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from stopping plaintiff from making his construction thereby changing the nature of suit property from open land to a constructed house - Object of interim injunction is always to preserve the suit property in its present form - Court would not become a party to get the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - An interim order cannot be treated to be basis of suit because interim orders do not adjudicate rights of parties, they are merely passed to protect the bona fide litigant for the period, adjudication of his rights are made by Court...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same parties nor regarding same..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- L.R's - Substitution on the basis of Will - Will found to be forged - Applicant having failed to prove Will, not entitled to continue suit as legal representative...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants from interfering in any manner over suit property - Both the parties claiming ownership rights in suit property while plaintiff claims on the basis of registered sale deed - Whereas defendants claim ownership and possession on the basis of Will - Assertions of both the parties..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Subsequent transferees having express or implied notice and knowledge of suit agreement, can be impleaded as a party though issue for decision in the pending suit need not be enlarged beyond the scope of decision as to enforceability of suit agreement according to law -..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Commission of fraud - Mere failure on the part of defendant to contest the suit by entering appearance, cannot be held that he is deemed to have admitted the fact made in plaint - Law requires fraud to be specifically pleaded and proved and it is for plaintiff to establish commission of fraud independently...........
Civil Procedure Code, 1908, Section 151 -- Amendment of decree - Suit for mandatory injunction - No dimensions were given in the plaint nor did the plaint refer to any sketch - Judgment and decree also did not refer to any dimensions of chhajja in question nor did it incorporate or refer to any sketch from which dimensions can be gathered - Application preferred u/s 151..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit - Banking law - There is expression of mere apprehension of plaintiffs that Negotiating Banks were in active collusion with beneficiary - No explanation or justification has been made in plaint as to how this active collusion came about or what makes the plaintiff suspect so - No cause of..........
