Civil Procedure Code, 1908, Section 47, Order 22, Rule 10 -- Suit for declaration that termination of service is illegal - Suit decided exparte in favour of plaintiff - During pendency of suit defendant College was affiliated to Jai Parkash University - It was not made a party - Objection u/s 47 CPC - Held, in a case of devolution of interest during pendency of suit decree..........
Pre-emption -- Property in Jaipur - Plaintiff owner of 3/4 share and defendants No.2-4 of 1/4 share - Defendants No.2-4 sold their 1/4th share on 30.7.1962 for Rs.4,499/- to defendant No.1 - Plaintiff seeking declaration and pre-emption - Munsif dismissed - Civil Judge decreed suit - Upheld by High Court - Issue of talab - Necessary under Customary Mohammadan Law -..........
Agreement to sell -- Suit for specific performance - Subsequent transferee - To be impleaded as a party without seeking any specific declaration against him...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title alongwith relief of permanent injunction - It is a suit with consequential relief and not a suit for declaration simplicitor - Hence, suit for declaration with prayer for injunction as further relief is maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Co-owners - Suit for declaration of title and for recovery of possession - One of the plaintiffs died during pendency of suit and his L.R's not brought on record - Suit abates in its entirety as in case suit is decreed in favour of surviving co-owners, it will lead to conflict of judgments...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In the previous suit for injunction title was not involved and there was no specific issue of title to the property - As such if Court makes certain observations regarding title in order to ascertain the lawful possession the same cannot be and could not be considered as a finding on title and the same does not..........
Specific Relief Act, 1963, Section 34, 39 -- Bank loan - Suit for declaration that plaintiff is liable to pay simple interest @ 10.5% on loan amount and for mandatory injunction directing the defendants to re-cast the loan account after charging interest @ 10.5% p.m. and return the excess amount charged, if any - Contention that in fact suit for recovery of amount should..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and injunction - Appellant purchased land comprised in a particular survey number - Respondent purchased land comprised in another survey number adjoining appellants land - Allegation that respondent encroached into appellant's land - Appellant in possession of land more than measurement stated in survey..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for declaration based on title - By amendment alternate plea based on adverse possession sought to be incorporated in the plaint - Amendment allowed...........
Civil Procedure Code, 1908, Section 9 -- Suit for declaration that a person belongs to Scheduled Caste or Schedule Tribe - Such suit is impliedly barred by Articles 341 and 342 of the Constitution...........
