Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for permanent injunction and declaration was filed - Subsequent suit for eviction and arrears of rent has no connection with earlier suit - Both the suits are not interlinked in any manner - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Suit for declaration and recovery of possession sought to be withdrawn and to file a fresh suit for declaration and perpetual injunction - Cause of action itself will change and nature of suit will also change - Order permitting plaintiff to withdraw suit and granting..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Suit for declaration, possession and permanent injunction is pending at the stage of recording of plaintiff's evidence - There is no dispute of demarcation of property in question - Prima facie filing of application U.O.26.R.9 CPC is an attempt by plaintiff to collect evidence which is not..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Purchase of land by plaintiff through registered sale deed - Defendants neither filed counter claim, claiming title over suit property on basis of will nor produced material on record to disbelieve existence of sale deed executed in favour of plaintiff - Plaintiff in possession of suit..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration and injunction - There is contradiction in maps mentioned in sale deed and map annexed with application - Defendant failed to prove that sale deed is null and void - In sale deed there is clear cut demarcation of suit land - Findings of Subordinate Courts neither..........
Civil Procedure Code, 1908, Order 39, Rule 1, 4 -- Temporary injunction - Restraining respondents from execution of decree of declaration passed in another suit - Plaintiffs in present suit filed partition suit - They claim their right through purchaser cannot be allowed to obstruct execution of decree passed in another suit and should wait for a decree for partition to be..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Demand of additional electricity consumption charges in view of audit objection - Suit for declaration that audit objection is invalid and consequential injunction restraining defendants from claiming additional electricity consumption charges - As there is no alternative remedy of filing statutory..........
Court Fees Act, 1870, Section 7(iv)(c) -- Ad valorem Court fee - Suit for declaration that sale deeds are null and void with consequential relief of permanent injunction - Plaintiffs are executants of sale deeds - Since plaintiffs are required to seek cancellation of sale deeds, they cannot evade affixation of Court fee on plaint as per sale consideration by clothing their..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and permanent injunction - Courts below found that plaintiffs failed to prove that suit land was given by original owner to their grandfather - Defendants on the other hand produced revenue documents in which defendant no.2 recorded as owner of suit property - Since plaintiffs were not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Dispute is between plaintiffs and official defendants wherein action of defendants is under challenge - Respondent in said dispute is neither a necessary nor a proper party - Order allowing impleadment of respondent as one of defendants set aside...........
