Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case in favour of plaintiff not challenged so High Court not entering into issue of prima facie case - Balance of convenience lies in favour of defendant and it would be defendant who would be facing comparative more hardship and irreparable loss, if temporary injunction is granted -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - When there is a specific admission on part of plaintiff herself to the effect that suit property belongs to defendant, then entire relief sought for by her seeking declaration and recovery of possession in respect of suit property have to necessarily fail - More so, plaintiff also..........
Recovery suit -- Defendant was set ex parte - Only defence raised by defendant in written statement was that document admitting outstanding amount was not executed by an authorised person - However, apart from said document plaintiff has placed on record relevant invoices - Ledger statement relating to defendant shows a closing balance of Rs.2,21,40,895 - Memorandum of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - At the stage of consideration of application for amendment in pleading, merits of proposed amendment are not required to be delved into - More liberal approach is warranted where defendant seeks amendment in written statement as potentiality of prejudice to plaintiff is relatively less - Defendant is..........
Money suit on basis of agreement -- Defendant borrowed Rs.30 lakhs from plaintiff and an agreement was executed by defendant in his favour, agreeing to repay the amount - He also handed over two post dated cheques - Neither there is any evidence to show source of money nor there is any witness for passing of money from plaintiff to defendant - PW2 is only a witness to..........
Practice and Procedure -- Defendant can disprove the case of plaintiff not only on his defence but also by proving improbability of plaintiff's case - He can even rely upon evidence of plaintiff and disprove his case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought for description of property which does not appear to be a deliberate error, rather an unintentional inadvertence - Nature of amendment sought would not prejudice defendant in any manner - Neither any new facts are being pleaded nor contents which have been sought to be changed in plaint..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Allotment of poultry farm - Both the Courts below elaborately discussed the evidence led by parties and during inspection, no poultry farm was found running - There was no chicks in it - Notice was given to plaintiff on violation of conditions mentioned in lease deed..........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Unregistered - Plaintiff is owner of suit property - Only defence raised by defendant opposing claim of possession which is based on S.53-A of the Act - However, since agreement is unregistered, defendant cannot seek to protect her possession over suit property by placing reliance on..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff closed his evidence in affirmative without reserving his right to lead evidence in rebuttal - Onus of some of issues is on defendant - Plaintiff is not entitled to lead evidence in rebuttal...........
