Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Impleadment of a party - Suit for recovery - Addition of another legal heir - Suit against him became time barred - Dismissal of application calls for no interference...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Dismissal of suit - Plea of defendant that even if plaintiffs are left with any share in suit land, they can file application for partition and seek determination of their share in those proceedings - Plea held, misconceived as if claim of plaintiffs that they are owners of suit land or a part is rejected by..........
Civil Procedure Code, 1908, Order 6, Rule 17, Limitation Act, 1963, Article 59 -- Amendment of plaint - Time barred relief - Cancellation or setting aside an instrument - Suit for declaration to be filed within three years of execution of said document or within three years of date of knowledge - Documents mentioned in written statement - Amendment not sought within three..........
Civil Procedure Code, 1908, Order 11, Rule 21, 12 -- Non compliance of order passed U.O.11.R.12 - Does not entail dismissal of plaintiff's suit or striking out defendant's defence...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Suit for declaration of title - Sanctioned plan to locate the plaint scheduled property in custody of defendant is sought by way of application U.O.11.R.14 CPC - Description of plan reflected in furtherance of plaintiff's suit claim - Once such is the case, it is just in directing the party in..........
Civil Procedure Code, 1908, Order 7, Rule 10, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Transfer of suit to DRT - Dismissal of application - Claim of petitioner is a debt within meaning of S.2(g) of the Act - Present suit was not pending rather it was filed after Tribunal was established - Therefore, application for transfer..........
Family Courts Act, 1984, Section 10, 19, Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 9, Rule 8 -- Divorce - Dismissal in default - Restoration - Application U.O.9.R.8 CPC for restoration of suit is maintainable - An appeal u/s 19(1) of Family Courts Act is also maintainable as it also come within the purview of judgment or order...........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Rejection of plaint - Dismissal of application - Adoption - By virtue of amendment in the Act in year 2005, no such vested property can be presumed in favour of plaintiff as no such indefeasible right was ever created in favour of plaintiff prior to the year 2005 i.e. on..........
Civil Procedure Code, 1908, Order 9, Rule 3, 4, 8, 9 -- Dismissal in default - Fresh suit - If suit is dismissed in default U.O.9.R.3 CPC then fresh suit is permissible as provided in O.9.R.4 CPC - However, in case suit is dismissed in default U.O.9.R.8 CPC then fresh suit is barred as provided U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 3, 4, 8, 9 -- Dismissal in default - Fresh suit - Suit dismissed in default - Dismissal is U.O.9.R.3 and not U.O.9.R.8 CPC - Fresh suit is maintainable...........
