Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for specific performance - Cause of action had already arisen when written statement was filed - Counter claim filed by defendant in respect of right to claim damages and compensation from plaintiff cannot be allowed at belated stage after commencement of trial as it is absolutely illegal and against..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by limitation - Word `law' in O.7.R.11(d) includes the law of limitation as well - Suit barred by limitation - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3 -- Ex parte ad interim injunction - Suit for partition - Defendants were negotiating to sell the property in dispute and change the nature of land by raising construction - There was an urgency in the matter as nature of property in suit is required to be maintained - In case any construction is raised it will create..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Suit u/s 92 has to be instituted by two or more persons with leave of court in respect of trust created for public purposes either charitable or religious - It has no application where trust is of a private nature - For bringing a suit u/s.92, existence of a public trust is sine qua non...........
Civil Procedure Code, 1908, Order 7, Rule 11, 14, Civil Procedure Code, 1908, Order 13, Rule 1 -- Rejection of plaint - Non filing of document, alongwith plaint, on the basis of which suit is filed - Plaint cannot be rejected on this ground - Maintainability of suit is not affected by not filing a document, alongwith plaint, on the basis of which suit is filed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Plaintiff and defendant are party of equal status - Plaintiff has no absolute right to withdraw suit even though suit has not reached stage of decision - Appeal is continuation of suit and so withdrawal of appeal is also not an absolute right of plaintiff - Moreover, when withdrawal would..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Co-defendants - Doctrine of res judicata applies between parties who have been co-defendants in a previous suit provided three tests are to satisfied: (i) existence of conflict of interest between co-defendants; (ii) necessity to decided that conflict in order to give plaintiff appropriate relief; (iii) decision is..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Partition suit - Only because plaintiff was also party defendant in a suit previously filed by defendant No.2 it cannot be said that there is bar of provision of O.2.R.2 CPC against plaintiff - It is not open to plaintiff to file suit for partition in respect of movable properties as doctrine of res..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Suit for specific performance barred U.O.2.R.2 CPC - All other ancillary or alternative reliefs to the relief of specific performance are also barred U.O.2.R.2 CPC - Suit dismissed...........
Civil Procedure Code, 1908, Order 2, Rule 2(3) -- Bar of O.2.R.2 CPC - Suit for specific performance - Suit filed during pendency of previous suit filed for permanent injunction - Withdrawal of suit for permanent injunction - Same cause of action in both the suits - Held, suit for specific performance is barred U.O.2.R.2 CPC - All reliefs whether ancillary to the relief of..........
