Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that mutation is illegal null and void - Plaintiffs had clearly disclosed that they had been contesting Will in mutation proceedings which culminated in the year 2017 - Suit was instituted within 3 years thereafter to declare mutation entry illegal - Thus, considering that mutation..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - First suit instituted by predecessor-in-interest of plaintiff was not tried - In fact, plaint of that suit was rejected U.O.7.R.11 CPC as not being properly framed - In such circumstances, a fresh suit with appropriate relief cannot be prima facie barred by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Plaintiffs only claiming interim relief that defendant be restrained from alienating or transferring disputed land in favour of third party - They are not protecting their possession of disputed land - Relief of interim injunction can be granted in favour of plaintiffs..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Tenancy is admitted by defendant in written statement without any dispute - There is thus, no scope to entertain impleadment application to implead subsequent lessees/transferees with limited rights under lease...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Lease deed is executed by plaintiff, which is time bound lease subject to further renewal and only limited rights have been given to lessee - Therefore, in title dispute lessee would not be necessary party - However, in SCC Suit rights of third party is affected in tenancy dispute..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement-cum-counter claim - Amendment is with respect to events after disposal of suit by trial Court and after disposal of appeals by High Court - Therefore, it does not stand to reason that amendment ought to have been carried out prior to commencement of trial - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Without issuing notice to defendants/petitioners - Partition suit - Commissioner appointed to take measurements of suit property in terms of preliminary decree - While taking mere measurements of property which is to be partitioned, irrespective of presence of any of party, measurements..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Local Commissioner cannot be appointed to determine as to who is in possession of suit property - Court cannot collect evidence on behalf of any of parties - Question of possession cannot be determined by Local Commissioner rather it is for parties to lead necessary evidence to establish..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Demarking of document - Unregistered and unstamped development agreement - Document in question is already admitted in evidence - No objection raised as to admitting said document as exhibit in evidence - It is thus, reasonable to leave admissibility of document open in respect of bar u/s 17 of Registration Act to raise their..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All questions that arise between parties to suit in which the decree was passed or their representatives and relating to execution, discharge or satisfaction of decree have to be determined by Executing Court - No separate suit can be filed to determine these questions...........
