Hindu Law, Civil Procedure Code, 1908, Order 20, Rule 12, Benami Transactions (Prohibition) Act, 1988, Section 4(1), Civil Procedure Code, 1908, Order 41, Rule 23 -- Suit for possession - Mesne profits - Court has discretion to award mesne profits to the successful plaintiff or to leave the plaintiff to have recourse to an independent suit for that relief - In case Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Unauthorized absence from duty - Departmental enquiry - Penalty imposed - Appeal filed by plaintiff dismissed - Penalty order challenged by way of filing civil suit - Application for amendment seeking to challenge order passed in appeal filed after more than three and a half years of filing of the suit -..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief claimed - True nature of - Determination of - Held, in order to determine the true nature of the relief claimed in a suit, the pith and substance and not the form in which the relief may be couched has to be considered...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte Decree - Setting aside - Plea that after restoration of suit to its original number, no summon was served on petitioner - However, petitioner after restoration of suit to its original number appeared on various dates and participated in proceedings - Even issues were settled in the presence of counsel of parties -..........
Civil Procedure Code, 1908, Order 21, Rule 1(b) -- Execution - Execution of sale deed - Payment of the suit amount paid in accordance with O.21.R.1(b) CPC and evidence in writing of J.D. - Execution petition cannot be dismissed - Execution application restored to the file of the Executing. Court...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quit notice - Found invalid - Held, service of summons of the suit for eviction of the tenant showing the categorical intention of the landlord asking the tenant to vacate the tenanted premises can be taken as a notice u/s 106 TPA read with O.7.R.7 CPC...........
Transfer of Property Act, 1882, Section 106, Civil Procedure Code, 1908, Order 7, Rule 7 -- Quite notice - Found invalid - Service of summons of the suit for eviction of tenant showing categorical intention of the landlord asking tenant to vacate the tenanted premises can be taken as notice - Starting date for calculation of mesne profits in both the eventualities will be..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Suit was set ex parte on 13.07.2001 - No steps were taken by petitioner and other defendants as well as Govt. Pleader till February, 2003 - Application U.O.9.R.13, CPC filed 01.02.2003 - Held, delay in filing application U.O.9.R.13, CPC..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Petitioner unable to demonstrate with reference to any material that either she is owner or in possession of the property in dispute - Thus, it could not be said that she is necessary and proper party to be impleaded in this suit...........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of first suit - Second suit based on a fresh cause of action - O.23.R.1(4) not a bar for instituting such a suit - However, if the cause of action claimed in second suit is founded on the basis of part of claim abandoned in the first suit, in the absence of obtaining leave to file a fresh suit, the second suit..........
