Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for permanent injunction cannot be maintained without a proper and identifiable description of immovable property, including boundaries or a map/sketch, as mandated U.O.7.R.3 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for possession has to describe the property in question with accuracy and all details of measurement and boundaries - In the absence of the same, suit would be liable to be dismissed on the ground of its identifiability...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 1, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3A -- Rejection of plaint - Suit for specific performance - One suit against 11 defendants with whom plaintiff entered into separate agreement to sell with each land owner - In a suit for specific performance of contract, there cannot be..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Plaintiff had got suit property in exchange of his plot - There was no dispute with regard to identity of suit property - No error therefore, committed by First Appellate Court in not getting a survey conducted...........
Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Gift deed contains all necessary details of land without any ambiguity whatsoever - Merely because headmistress of School being examined as a witness from side of plaintiff could not state exact particulars of boundaries, cannot ipso facto lead to conclusion that suit property is not properly..........
Civil Procedure Code, 1908, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Can be produced or shown, for the first time, to witness in his cross examination...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 14(4), Civil Procedure Code, 1908, Order 8, Rule 1A(4), Civil Procedure Code, 1908, Order 13, Rule 3(a), Civil Procedure Code, 1908, Order 18, Rule 17, Evidence Act, 1872, Section 137 -- Document not produced with pleadings - Production/showing of documents, for the first time, to witness in his cross examination -..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Immovable property - Sketch map - Not bearing signature of any person - Map not considered by both the Courts below as same was not in compliance of O.7.R.3 CPC - No interference warranted in concurrent findings of Courts below...........
