Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of possession - Setting aside - Provisions of O.9.R.13 of CPC to be widely construed to give discretion to the court to take into consideration the attending facts and circumstances while dealing with an application under the aforesaid provision of law - Defendant holding suit premises since long at paltry..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- High Court Rules and Orders, Volume I, Chapter I - Local Commissioner - In suit for possession/Hadd Skhini, Local Commissioner did not fix pucca points in accordance with norms - In case of dispute of land falling with jurisdiction of Civil Court, it is always desirable that enquiry be made on spot...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Original suit is for permanent injunction - Plea for introducing suit for separate possession by way of partition by metes and bounds would be totally separate cause of action and that would change nature of suit - Petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to raise plea of separate possession - Such plea for separate possession by way of partition by metes and bounds is totally a separate cause of action which will change nature of suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are in possession of land by virtue of their being Hissadar Shamlat - Petitioners while seeking their impleadment, have nowhere alleged that they are in possession of land as Hissadar Shamlat - Rather, admitted case of petitioners is that they had purchased the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and permanent injunction - Maintainability - Once plaintiffs have failed to prove their title over vacant suit land, they cannot claim that they are in possession of it - Since physical possession of land is not with plaintiffs, simplicitor suit for declaration and permanent injunction, not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Predecessor-i, interest of plaintiffs purchased half of suit property from predecessors-i, interest of defendants by way of registered sale deed and remaining suit land was obtained by way of exchange - Sale deed in question is proved on record - Plaintiff thus became the owner of..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97 -- Execution - Objections - Issue regarding correction of boundary of suit land already decided by executing Court - No objection was raised by JD - Correctness of facts recorded by a Court of law in a judicial proceeding is sacrosanct and cannot be questioned at a belated stage - JD has absolutely no lawful basis..........
Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami Act - It is not..........
