Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in plaintiff's ownership and possession - Plea of plaintiff that partition had taken place in the year 1970 and suit land had fallen to their share not supported by any document - However, defendants have placed on record Khasra Girdawari issued in the year..........
Joint Family Property -- Partition suit - Partition took place in 1983 and portion of suit property was purchased by defendant No.1/father of plaintiff in 1984 - Since partition was held among family members of first defendant, his parents and brothers and sister, ancestral property ceased to be joint family property on the date of partition itself - Suit for partition..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Defendant contended that suit property was allotted to his father in partition, but he has not produced any document to show that suit property was ancestral property - Plaintiffs on the other hand proved their right and title based on Assignment Order in respect of suit property - They have..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Application U.O.2.R.2 CPC and O.23.R.1(4) CPC - For invoking provisions, Court is required to arrive at a specific finding that cause of action in previous suit and suit before it was same - Unless there is similarity of cause of action in previously instituted/withdrawn suit..........
Will -- Declaring Will "dubious" at interlocutory stage of deciding application for interim injunction - Trial Court ventured into midst of document, effectively prejudging an issue that ought to be tried in full evidence - This amounts to a jurisdictional error, as Courts dealing with interlocutory reliefs must confine themselves to assessing i.e prima facie case,..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Article 110 -- Right of daughter - Partition suit - Limitation - Daughter who got married 50 years ago, was never in joint possession after her marriage - Right of daughter to sue for partition accrues only on 09.09.2005 - Suit for partition ought to have filed within 12 years - However, partition suit filed in..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that partition deed is null and void - Relief to declare partition deed dated 02.03.2016 sought in the year 18.3.2019 - Suit is barred by limitation being filed after expiry of three years period...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim filed on basis of cause of action arisen after filing of plaint is not permissible...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
