Civil Procedure Code, 1908, Order 7, Rule 11(a), (d) -- Rejection of plaint - Suit for partition, possession and injunction - Predecessor-i, interest of plaintiffs had already received benefits under the Will of father of defendants therefore the claim of plaintiffs for partition of suit property is barred by principles of estoppel - Plaintiffs failed to show any cause of..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier divorce petition on ground of cruelty withdrawn with permission to file fresh petition after properly verifying the petition - Ground of adultery not taken in earlier divorce petition - Allegations of cruelty pertain to period prior to filing of the earlier..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Suit property had already been partitioned between father of plaintiff and his brothers and they all were separated which is the findings also in earlier suit of partition - Findings by appellate Court in earlier suit will operate as res judicata in present suit - Since there had already been..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - On the basis of mere admissions made by defendant decree need not always be granted in terms of prayer made in suit - Court has duty to see whether plaintiff is entitled under law to get the relief sought - Court should also see whether suit is collusive and meant to defeat the law concerning public..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Prior agreement to sell - Mere agreement to sell does not create any interest in the petitioner enabling him to intrude in a suit filed by plaintiff - Moreover, in a suit for specific performance, a stranger or third party to contract cannot be added as defendant in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchaser - At the stage of seeking leave to implead/carry out consequential amendment, it is not necessary to advert to any evidence in determining whether subsequent purchaser was indeed a bona fide purchaser...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchaser - Impleadment is permissible where proposed party claims through vendor and under a subsequent agreement - It is necessary to join subsequent purchaser in order to ensure that when decree is passed, subsequent purchaser can be directed to join in..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Appeal - In the instance of suits in which common issues have been framed and a common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments - However, this is not to whittle down the principle that..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where two or more suits have been disposed of by one common judgment but separate decrees, there can be no `former suit' as stipulated by S.11 CPC - Non filing of an appeal against one or more of those suits ought not to preclude the consideration of other appeals on merits and the principle of res judicata would be..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Several opportunities granted to plaintiff to lead his evidence but none of witnesses were present on his behalf - Trial Court after hearing arguments of defendants counsel, dismissed suit - As plaintiff is aged and illiterate laborer who was working far off and had no information regarding suit being..........
