Civil Procedure Code, 1908, Section 11 -- Res judicata - Operates only in respect of issues of facts and not on issues of pure questions of law when the subsequent suit or proceeding is based upon a different cause of action and in respect of different property though between same parties...........
Agreement to sell -- Suit for specific performance - Limitation - Cause of action first time arose in 1975 when defendant refused to execute sale deed - Suit for specific performance to be filed within three years from such cause of action as per Art.54 of the Act - However, neither such suit was filed by plaintiff nor any sufficient explanation was given by plaintiff for..........
Auction sale -- Recovery proceedings - Government auctioned the property belonging to appellant to itself on a normal price of Rs.1 apparently in full and final settlement of dues - Appellant contended that whole proceedings of auction are vitiated since there was no proper inquiry on market value - Appellant prepared to settle the whole dues as per the Amnesty Scheme to..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction filed as plaintiff was having threat of alienatio, Cause of action for filing suit for specific performance was not available to plaintiff at that time - Suit for permanent injunction withdrawn and suit for specific performance filed - Held, suit for..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 15, Specific Relief Act, 1963, Section 34 -- Suit for injunction - Railway authorities claiming suit land issued notice to plaintiff under 1971 Act - However, plaintiff instead of taking recourse of appropriate provision of law has instituted suit by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Lack of clarity when cause of action arose - Conclusive view cannot be taken at the preliminary stage of deciding if plaint is liable to be rejected...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Cryptic and bare statement cannot be complete averments of cause of action - Requirement of law is that pleading should be of complete cause of action...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2, 4, Civil Procedure Code, 1908, Order 8, Rule 9 -- Mutually destructive case set up in plaint and replication - Destroys the very foundation and basis of cause of action - Suit is liable to be dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Partition suit - Plaint does not disclose the cause of action as required by law - Plaintiff claims that two suit properties were purchased out of ancestral properties - However, plaintiff failed to plead and give the necessary particulars and a cause of action as to what and where these properties were - Moreover,..........
Specific Relief Act, 1963, Section 39 -- Mandatory injunction - Removal of illegally constructed wall - Failure to get property demarcated before filing suit or during pendency of suit - No cause of action accrues to plaintiff - Suit rightly dismissed...........
