Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for permanent and mandatory injunction - Restraining defendant from alienating plot allotted in lieu of acquisition of land - Agreement of sale executed between plaintiff and respondent and during subsistence of said arrangement, land in question came under acquisition and land vested in State - Once acquisition machinery..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - After return of plaint by Court lacking jurisdiction, suit has to proceed de novo before competent Court, even if evidence of parties stood concluded before Court which returns the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of territorial jurisdiction - Provisions U.O.7.R.10 r/w O.7.R.10-A CPC cannot be interpreted as providing any discretion to Court to proceed in suit from the stage from which plaint was returned...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree against husband - Setting aside - Service of summons - Merely on account of the fact that husband did not produce any oral evidence to support his application U.O.9.R.13 r/w S.151 CPC would not be the only ground to non-suit him, more so when facts of case are conspicuous to infer that..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Petitioners have nowhere asserted their possession over suit property - They have claimed merely a right of passage through said land to their house that too by way of easement - Objections filed by petitioners were meritless being not maintainable - Application rightly dismissed...........
Evidence Act, 1872, Section 3 -- Evidence - Conversation between parties during process of mediation, cannot form basis or evidence for disposal of suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object of S.10 CPC is to prevent Courts of concurrent jurisdiction from simultaneously proceeding with parallel suits involving issues that are directly and substantially the same...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Statutory expression "matter in issue is directly and substantially in issue" signifies an issue that forms the core of dispute, as distinguished from questions that arise merely incidentally or collaterally - Common property forming the subject matter of litigation does not by itself, attract bar of S.10..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Determinative test lies in whether essential legal questions are same and not simply whether the same property or parties are involved - Law does not contemplate a stay where the nature of rights asserted, causes of action invoked or reliefs sought are fundamentally distinct...........
