Civil Procedure Code, 1908, Section 9 -- Lok Adalat award - Civil suit is maintainable to set aside award obtained by fraud...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Plaint can be rejected only when suit is explicitly or impliedly barred by any law...........
Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Third party cannot challenge the award in writ petition - Remedy of such party would be to institute a separate suit within the period of limitation prescribed under the law for necessary redressal and seek an appropriate decree...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - When written statement is filed and issues are also framed, question whether principle of res judicata is attracted or not, can be a question to be decided on merits in suit and not merely on the basis of bare perusal of averment in plaint in the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration, permanent injunction and compensation - Matter already compromised between parties - Parties were already placed in possession of their respective allotments - Plaintiff seeking declaration in respect of mango trees standing in the land allotted to defendants, is a mixed question of..........
Himachal Pradesh Land Revenue Act, 1953, Section 134 - - Partition - Delivery of possession - A person can apply for delivery of possession within three years from the date of preparation of instrument of partition - If possession is not delivered within three years by revenue Court qua partition land then aggrieved person can file a suit for possession on the basis of..........
Possession -- Suit for possession on the basis of title - Suit land allotted to plaintiff in partition proceedings which attained the stage of finality - Title accrued in favour of plaintiff qua suit land after partition proceedings and the same u, rebutted on record - Defendant did not plead adverse possession over suit land - Status of defendant as co-owner is..........
Civil Procedure Code, 1908, Order 15A, Rule 1, 2(as - - Eviction suit - Application filed U.O.15-A CPC before filling of written statement - Maintainability - Suit for eviction and recovery of possession without any claim of arrears of rent filed after expiry of lease period - An application U.O.15-A by plaintiff is held maintainable even before filing of written statement..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Property dispute - Claim over land by defendants/daughters of owner - Plaintiff claimed that father of plaintiff was Gaddi and belong to Scheduled Tribe community and according to custom daughters does not inherit property of their father - However, no material on record to prove custom in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit will not be altered and even..........
