Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application for rejection of plaint only averments made in plaint and nothing else is to be considered to find out whether suit is barred by law - At this stage, defence is not to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a suit is instituted for possession, based on title to defeat suit on the ground of adverse possession, burden is on defendant to prove adverse possession for prescriptive period - This, therefore, cannot be an issue on which plaint could be rejected at threshold...........
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...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession - Where a suit is for possession of immovable property or any interest therein based on title, limitation period is 12 years when possession of defendants becomes adverse to plaintiff...........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Revocation - Senior citizen/respondent who is a childless widow executed registered Gift Deed in favour of petitioner who is daughter of her husband's younger brother - She executed Gift Deed out of love and affection and she was not expecting any benefit from petitioner - An express..........
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..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration that partition deed is null and void - Initial burden is on plaintiff to prove that partition deed is invalid and is liable to be declared as null and void - On discharge of initial burden by plaintiffs, onus shifts to defendants to prove validity of partition deed...........
