Civil Procedure Code, 1908, Order 9, Rule 2, 3 -- Restoration of a suit dismissal for default - Sufficient cause for absence is the consideration for restoration - Manner of acquiring knowledge that suit has been dismissed in default is not a relevant consideration...........
Transfer of Property Act, 1882, Section 2, 5, 44 -- Suit for possession after eviction - Appellant in occupation of the disputed house both in part performance of agreement to sell executed by two of the three brothers as well as under a transfer effected in execution of a decree - Transfer through Court is covered by Cl.(d) of S.2 of the Act - Operation of S.44 stands..........
Transfer of Property Act, 1882, Section 2, 5, 44 -- Decree for joint possession - Plaintiff and his family deprived of the use of basic amenities as toilet, bath room & tap - Suit claiming damages - Decreed...........
Civil Procedure Code, 1908, Order 12, Rule 2 -- `Document' - It has reference to proper document produced before the Court on which it can legally act, and which is admissible in evidence...........
Civil Procedure Code, 1908, Order 12, Rule 2 -- Object - Formal proof cannot be waived by admissions where Court has ordered proof of documents...........
Civil Procedure Code, 1908, Order 12, Rule 2 -- `Admission of a document' & ` Admission as to the truth of its contents' - Distinction - explained...........
Civil Procedure Code, 1908, Order 12, Rule 2-A, Evidence Act, 1872, Section 23 -- Document to be admitted must be relevant to the suit...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- No amount of evidence can be looked into on a plea which was never put forward...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Earlier also plaintiff filed tow suits in which temporary injunction was declined - This fact not disclosed in the third suit - Earlier suits withdrawn without permission to file fresh suit on the same cause of action - Injunction declined...........
Specific Relief Act, 1963, Section 9, 20, Contract Act, 1872, Section 2(h), 7, 10, 13 -- Agreement to sell - Specific performance - Contract of which performance is sought should be clear & enforceable - defendant is entitled to take plea in defence that contract is uncertain in its terms...........
