Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Civil suit challenging partition proceedings on the ground that same are in violation of principle of natural justice, is not barred by jurisdiction - Moreover, question a to whether there was a violation of principles of natural justice is a disputed question of fact which would be finally adjudicated..........
Indian Penal Code, 1860, Section 467, 468, Criminal Procedure Code, 1973, Section 482 -- Offence u/ss 467, 468 IPC - There is no allegation of impersonation by any accused person while executing the sale deed in question - No one has forged signature of complainant or anybody else - Sale deed in question is genuine and not a forged document - Whether it conveys title to..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of First appellate Court - Appellate Court was required to deal with reasoning recorded by trial Court in terms of O.41.R.31 CPC - Duty was on Appellate Court to record reasons for reversing the findings recorded by Court of first instance - Since appellate Court failed to do so and completely misread the pleadings,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding whether plaint reflects cause of action or not, Family Court was not required to make an elaborate inquiry into doubtfulness or complicated question of law or facts, but Court is restricted to ascertain whether cause of action is shown...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Once suit for permanent injunction was decreed, defendants had been restrained from interfering in the possession of plaintiffs, operation of judgment decree rightly not stayed - However, once first appeal was under consideration of Court, proper way to deal with the matter was to pass an order directing..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiffs are title holder of suit land - Vendors of defendant admitted possession of vendor of plaintiffs over suit land in complaint case - Defendants thus, cannot claimed that they are in possession of suit land - Concurrent findings of Courts below that plaintiffs being title..........
Will -- Due execution - Execution of Will in favour of one brother to the exclusion of other brothers - Testator and his wife were jointly residing with defendant No.1 and were on very good terms with him, therefore he bequeathed his property to defendant No.1 in lieu of service rendered by him - Reason for exclusion of plaintiff from Will by testator is due to the fact..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When scope of second appeal is limited to examining of order of Appellate Tribunal declining condonation of delay, High Court ought not to have commented upon merits of the case, particularly when merits of case was not touched upon by Appellate Tribunal...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 9, Limitation Act, 1963, Section 5 -- One application U.O.22.Rr.3, 4 CPC, O.22.R.9 CPC and S.5 Limitation Act, can be filed - There is no bar in filing one consolidated application when reliefs sought are connected or when reliefs sought are dependent upon reliefs required to be obtained for getting complete relief...........
