Civil Procedure Code, 1908, Order 14, Rule 1 -- Issue - Plaintiff never lead evidence in support of claim raised in plaint and rather withdrew suit for possession - Specific issue was framed as to whether plaintiff is owner in possession of suit property as alleged - Said issue was not pressed during course of arguments and was decided in favour of defendants who had..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Suit for Restitution of conjugal rights - Earlier suit for restitution of conjugal rights filed by husband was dismissed as not pressed in absence of a valid marriage - Husband not entitled to file a fresh suit on same set of facts for restitution of conjugal rights - Subsequent suit for restitution of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of intervener - Title suit - Earlier applications of intervener not adjudicated on merits, rather those were dismissed as not pressed or dismissed for default, but the issue was never decided - Present application is not hit by principle of res judicata - Since, plaintiffs have sought a relief against..........
Civil Procedure Code, 1908, Order 26, Rule 13 -- Appointment of Commissioner - Partition suit - Preliminary decree - Earlier application for appointment of Commissioner was not pressed and on same day present application filed for praying for appointment of Commissioner to carve out share of DH in house property and movable property - Explanation given by DH that earlier..........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 10 -- Return of plaint - Suit against government - Suit for injunction - Leave granted to institute suit as there was urgency and threat of being dispossessed - However when time came for plaintiff to obtain necessary relief in the nature of injunction, application was not pressed - Court should return the plaint to..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34, 38 -- Second appeal - Substantial question of law - Suit for declaration and permanent injunction - Proof of title - As per plaintiffs, once they have claimed that property was within Lal Dora of village it was duty of Court to frame issue and decide the same - However, duty of Court is to..........
Civil Procedure Code, 1908, Order 41, Rule 20(2), Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Appeal - Impleadment of a party - Petitioners as pro forma defendants failed to file written statement and proceeded ex parte in title suit - They never tried to recall ex parte order passed against them - Rather, application U.O.1.R.10(2) CPC was filed by petitioners twice..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Decree passed in the counter claim - Suit not pressed - Suit dismissed and counter claim decreed - Answer to the counter claim was not filed - Plaintiff was not declared ex parte to the counter claim - Decree not passed U.O.8.R.10 CPC - Held, even though the suit was `not pressed' but such a concession was not there for..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Suit not pressed - Where a suit is dismissed on account of clear admission that suit was `not pressed', such a dismissal cannot be categorized as one U.O.9.R.8 CPC and therefore, an application U.O.9.R.9 CPC is not maintainable as against dismissal of suit...........
Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 - - Fraud - Legal malice - Consolidation officer accepted statement of withdrawal of objection made on behalf of appellant without verifying correctness of same and without examining rights of parties with reference to documents in relation to suit property - No reasons given in impugned order why objection was..........
