Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Main relief sought for declaration of possession and permanent injunction - Alternative prayer for recovery of money - In case alternative relief is to be granted then as a condition precedent plaintiff has to be given an opportunity to affix ad valorem Court..........
Court Fees Act, 1870, Section 7(i) -- Ad valorem Court fee - Plaintiff under the garb of suit for declaration with mandatory injunction, is seeking recovery of specified amount of Rs.15 lakhs as damages - It is thus, a suit for money - Ad valorem Court fee as per S.7(i) of the Act is payable according to amount claimed by plaintiff...........
Agreement to sell -- Specific performance - Suspicion regarding date of execution of agreement to sell - Plaintiff filed suit with incorrect assertions that possession was delivered - More so, plaintiff in his earlier suit for injunction knew that property transferred as per compromise decree under the ownership of defendants No.2 & 3 but still he waited more than 1 year..........
Civil Procedure Code, 1908, Section 102 -- Suit not only for recovery of money but also for declaration and permanent injunction - Held, provision of S.102 CPC is not applicable...........
Specific Relief Act, 1963, Section 39, 40, 41(h) -- Suit for mandatory injunction directing defendant to discharge obligation of payment of assessed contract value arising out of contract bond with interest - Held, appropriate remedy is to file suit for recovery of money due under the contract - Suit, held, not maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of money - Amendment sought to include alternative relief of mandatory injunction/specific performance - Amendment changing basic nature of suit and cause of action - Held, amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Order 37 - Agreement to sell executed by defendant in favour of plaintiff - Plaintiff filed simple suit for injunction which was withdrawn unconditionally - Plaintiff then filed summary suit U.O.37 for recovery along with damages - This suit was rejected U.O.7.R.11 CPC - Plaintiff then filed suit seeking relief of specific..........
Punjab Public Money(Recovery of Dues) Act, 1983, Section 3, 4, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3 -- Suit for Injunction - A suit for injunction can not be said to be a suit for recovery - By virtue of injunction the relief of non-recovery of the amount is sought by plaintiff - The recovery of the sum recoverable remains an issue, affecting the..........
Civil Procedure Code, 1908, Section 11 -- Resjudicata - Matter directly and substantially in issue - Previous suit for injunction - No issue regarding execution of agreement - No finding qua the execution of agreement and earnest money - Subsequent suit for recovery or alternative specific performance of agreement - Issues in both suits enterely different - Previous suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Right that accrued to defendant by lapse of time - Cannot be taken away by amendment of plaint - Suit for declaration with consequential relief of permanent injunction - By amendment of plaint in 1993 of suit filed in 1987, wanted to convert suit to recover specified amount along with interest and ready..........
