Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Suit for possession by way of pre-emption - Minors were impleaded through their real brother/defendant No.1, who was major at the time of filing of suit - Defendant No.1 was the most natural choice to be guardian of minors, being in blood relation, his interest was also similar to that of other..........
Evidence Act, 1872, Section 101 -- Burden of proof - Recovery suit - Agricultural loan - Execution of relevant documents before plaintiff bank and also availing of loan amount and creation of equitable mortgage is not at all disputed by defendant - However, defendant in his defence stated that he deposited certain part payment but bank has not given any receipt to that..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - When all the issues framed by trial Court are pertaining to question of fact, as such there was no necessity for trial Court to answer the issues related to question of law first and then try the suit...........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendants have not denied signatures on cheque or promissory notes - Though defendants have pleaded that plaintiff obtained their signatures on promissory notes under coercion, threat and undue influence, however, no evidence led in support of such plea - Even, defendants have not taken..........
Civil Procedure Code, 1908, Order 41 -- Appeal - Court cannot create any new case at appellate stage for either of the parties - Appellate Court is supposed to decide the issues involved in the suit based on the pleadings of the parties...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for declaration filed by plaintiffs at the time when cause of action to seek specific performance had not materialized in their favour, cannot defeat their subsequent suit applying principle of constructive res judicata...........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Making effort for reconciliation is not a condition precedent for decreeing a suit for divorce...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Plaintiff not abandoned or withdrawn the suit - There is no question of transposition of defendant as plaintiff - However, if at any stage, plaintiff seeks to withdraw or abandon the claim or is not conducting the suit further, then at that stage, it will be open for trial Court to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in the plaint are sufficient to proceed against defendant - It cannot be said that suit is barred or that there is no cause of action against defendant - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contradictory statements made in plaint collapses substratum of plaintiff's case - To reiterate once plaintiff acknowledges that suit schedule property is self acquired property of respondent No.1 and respondent No.1 had absolute ownership of property, plaintiff cannot subsequently plead that very same..........
