Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7, Suits Valuation Act, 1887, Section 8 -- Rejection of plaint - Suit for mandatory injunction - Once suit is valued for the purpose of jurisdiction then court fee is to be paid ad valorem on such amount - In the instant case suit valued for the purpose of..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - Exercise of discretion by permitting DH to deposit amount having regard to averments made in application U.O.21.R.34 CPC seeking permission to deposit amount is within power and jurisdiction of Court u/s 28 of the Act...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree for recovery of possession u/s 6 of Specific Relief Act - Objections filed on the ground that S.185 of Delhi Reforms Act bars a civil suit for recovery of possession - However, bar under said Act is not attracted, as suit property is not agricultural land - There was thus no inherent lack of..........
Civil Procedure Code, 1908, Section 13, 9, Hindu Marriage Act, 1955, Section 13, Specific Relief Act, 1963, Section 34, 35 -- Foreign judgment - Termination of marriage - Challenged on the ground that order is without jurisdiction, having been obtained by fraud and being violative of rules of natural justice and the provisions of Hindu Marriage Act, 1955 - Provision of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for mandatory injunction into relief of specific performance - Plaintiff invoked jurisdiction of civil Court by filing suit for mandatory injunction when breach was already there and was not prevented to seek specific performance - However, plaintiff did not avail..........
Civil Procedure Code, 1908, Section 151 -- Conversion of appeal into revision - Suit u/s 6 of Specific Relief Act - S.6(3) of Specific Relief Act bars appeal - Plaintiff applied for conversion of appeal into revision, which stands rejected - Court in exercise of inherent jurisdiction has full authority of law and discretion to covert an appeal into a revision or vice-versa..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 6 -- Rejection of plaint - Validity - Suit filed u/s 6 of Act of 1963 - Application U.O.7.R.11 CPC allowed, dismissing suit by giving finding that Court has no jurisdiction to decide suit because land in question is agriculture land - Held, since there is no assertion in plaint that land in..........
Specific Relief Act, 1963, Section 6(3), Civil Procedure Code, 1908, Section 115 -- Suit for possession - Appeal - Maintainability - Held, no appeal lies against decree passed in suit u/s 6 of the Specific Relief Act - However, in such cases where a suit upon title is wrongly treated as a suit u/s 6, an appeal lies - Proper procedure for appellate Court in such case is to..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Specific Relief Act, 1963, Section 20 -- Suit for specific performance of memorandum of understanding - Territorial jurisdiction - No relief for declaration of title to property or for possession of property claimed - Suit for specific performance simpliciter and not suit for land - Held, suit is triable by Calcutta..........
Civil Procedure Code, 1908, Order 7, Rule 10, Specific Relief Act, 1963, Section 20 -- Return of plaint - Held, a "suit for land" is a suit in which the relief claimed relates to title to or delivery of possession of land or immovable property - Whether a suit as a "suit for land" or not has to be determined on the averments in the plaint with reference to the reliefs..........
