Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of additional documents - Documents sought on record are important and material documents for just and proper disposal of lis - Therefore, to do complete justice in the matter, said documents ought to have been taken on record by trial Court - Application allowed directing trial Court to take documents on record...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can never be rejected for non-existence of cause of action, but a plaint can be rejected for non-disclosure of cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Averments made in the plaint of plaintiffs are clearly and unambiguously disclosing cause of action for filing suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific denial - In the absence of any specific denial in the written statement, contents of plaint would be deemed to be admitted...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Court ought to have assessed the rent in rent proceedings and same not contemplated as per provisions of O.15.R.5 CPC...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Default in payment of rent - Once lease agreements were admitted by defendant/tenant as was relationship of landlord and tenant, defendant could have deposited rent - However, despite being given sufficient opportunities to defendant, he categorically refused to pay the amount - Defence rightly struck..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Respondents are lis pendens purchasers - Original defendant as well as his wife who sold the land to respondents are no more and their grand children who prosecuted proceedings might not be interested in pursing the proceedings - Lis pendens purchasers can be impleaded as parties -..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - No sufficient grounds or reasons have been made out by plaintiffs while seeking permission to withdraw the suit and to file a suit afresh on the same cause of action - Order allowing withdrawal of suit with liberty to file afresh suit, set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Partition suit - Partition took place way back in the year 1968 as is evident from revenue record entries - Suit filed after a period of 55 years in the year 2023 - Many of family members had executed registered sale deeds in the year 1978 - Suit filed by plaintiffs was a..........
