Succession Act, 1925, Section 372 -- Succession certificate - Dispute regarding status of legally wedded wife - Rival claims - Parallel comprehensive suit for partition pending - It is not appropriate for High Court to decide status of parties in a summary proceeding - Parties to establish their legal status through evidence in the pending civil suit - Based on the decree..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Summons were duly served on the address given by appellants lawyer - Procedure prescribed U.O.37 CPC was adhered to - O.37.R.4 CPC is very categorical that power enshrined therein has to be exercised only on special circumstances - No special..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Conditional leave to defend - Where suit itself does not fall within ambit of O.37 CPC and genuine triable issues arise for consideration, imposition of any condition in such circumstances is wholly unjustified and runs counter to very scheme and object of O.37 CPC - Only course open in law is to grant..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that mutation is illegal null and void - Plaintiffs had clearly disclosed that they had been contesting Will in mutation proceedings which culminated in the year 2017 - Suit was instituted within 3 years thereafter to declare mutation entry illegal - Thus, considering that mutation..........
Civil Procedure Code, 1908, Order 37, Rule 3(4)(5) -- Summary suit - Defendant cannot be permitted to file reply or defence in a summary suit without leave of Court...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - A document or statement recorded in another proceeding unless duly exhibited and proved as admissible evidence during the trial of civil suit in accordance with law of evidence, cannot ipso facto constitute an admission that is conclusive and dispensatory of requirement of proof U.O.12.R.6 CPC - Such..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Petitioner sought to invoke summary jurisdiction of Court U.O.12.R.6 CPC by relying upon certain statements purportedly made by plaintiff in independent criminal proceedings before a criminal Court relating to dishonour of cheques - However, statements relied upon by petitioner do not qualify as clear,..........
Mutation -- Order passed in mutation proceedings - Not amenable to writ jurisdiction - Mutation proceedings being of a summary nature drawn on basis of possession do not decide any question of title and orders passed in such proceedings do not come in the way of a person in getting his rights adjudicated in a regular suit - Such petitions are not to be entertained in..........
Mutation -- Law as to - (a) Mutation proceedings are summary in nature wherein title of parties over land involved is not decided; (b) Mutation order or revenue entries are only for fiscal purposes to enable State to collect revenue from person recorded; (c) They neither extinguish nor create title; (d) mutation in revenue records does not have any presumptive value on..........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act is normally in the nature of summary suit - Enquiry in suit is confined to finding out possession and dispossession within a period of six months from the date of institution of suit - Question of title is not germane for consideration...........
