Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs on the basis of Will not probated - Probate would only reassert the title of executor - Executor can act even before probate is obtained - Contention of defendant/petitioner that unless and until probate is granted in favour of opposite party, she cannot continue to pursue the suit..........
Compromise decree -- Setting aside - Compromise may be void or voidable, it is required to be set aside by filing a suit within period as permissible under law - Contention that a void decree can be challenged at any time or that law of limitation does not apply to challenge such a decree, has no merits...........
Civil Procedure Code, 1908, Order 8, Rule 1(3) -- Late production of documents - Partition suit - Defendant no.1 sought to produce original bank passbooks and bank statement of defendant no.1 and defendant no.2 - Trial Court exceeded its jurisdiction to deny leave to produce said documents on record by recording a finding that authenticity and genuineness of documents seem..........
Specific Relief Act, 1963, Section 38, 0, Permanent injunction -- Dispute regarding common passage - Portion `A' was purchased by plaintiff and portion `B' in the back was purchased by defendant - Plaintiffs have agreed to leave 15 feet wide common passage in their portion `A' for common use by both defendants and plaintiffs for purposes of ingress and egress to their..........
Hindu Adoptions and Maintenance Act, 1956, Section 18 -- Suit u/s 18 of the Act - Interim maintenance - Matrimonial relationship between parties still subsists as there is no document on record to show that parties have been divorced - Wife is aged more than 70 years - She has pleaded that she is suffering from several old age related problems and also certain diseases -..........
Civil Procedure Code, 1908, Section 11, Provincial Small Cause Courts Act, 1887, Section 15 -- Res judicata - SCC suit - Small Cause Courts has limited jurisdiction to go into the question of title incidentally for deciding the claim of landlord for a decree of ejectment and execution thereof - However, Small Cause Courts decide the cases in a summary manner and the..........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Small Cause Courts have jurisdiction to entertain a suit by a lessor for the eviction of a lessee from a building after the determination of his lease and for recovery from him of compensation for the use and occupation of that building after such determination of lease...........
Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint, during pendency of appeal, to seek alternative relief of earnest money in a suit for specific performance - Alternative relief sought does not amount to introduction of new cause of action - Application rightly allowed...........
