Civil Procedure Code, 1908, Order 8, Rule 6A(4) -- Counter claim - Filed without affidavit - Even though defect was mere irregularity yet defendant choose not to cure it, even till final arguments in the suit - No application was moved either to file an affidavit in support of his counter claim, despite the fact that an objection in this regard was raised by counsel for..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Absence of defendant from proceedings not attributed to any negligence on part of her counsel as alleged by her - But application filed to set aside ex parte decree passed against her more than 1 year after she was proceeded ex parte, is only a device to linger on the matter and deny fruits..........
Partition suit -- Joint family property - There is unity of title and continuity of possession of plaintiff and defendants over suit land - Suit property is not partitioned as yet and plaintiff being joint owner of suit property has right to partition to extent of her share and plaintiff is entitled for 1/7th share in suit property - Alienation of portion of property in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of defendant No.2 - Question of abatement of suit as against defendant No.2 does not arise, as defendant No.1 being mother of defendant No.2 is already there on record...........
Medical Negligence -- Sterilization operation - Plaintiff conceived within one year from date of performance of Sterilization Operation - Sterilization operation performed on plaintiff and she delivered a male baby - Sterilization operation can never become a failure within one year from date of operation - No evidence produced by appellant to prove that there was no..........
Succession Act, 1925, Section 263 -- Will - Revocation of probate of Will - Non-issuance of citations to rightful parties - U, registered Will of 1961 sought to be propounded after lapse of more than 20 years in 1982 - Will probated without issuing any citation to mother of applicant who was younger daughter of testator, a legal heir - No objection certificate appended..........
Co-owner -- Suit for declaration - Maintainability of suit - If defendant is in possession and suit has not been filed for restoration of possession but merely for a declaration, then such a suit would not be maintainable...........
Co-owner -- Suit has not been simply for declaration but for declaration to the effect that plaintiff-respondents and defendant-appellant as well as defendant-respondents are owners in joint possession in equal shares of the suit land - Maintainability of suit - Appellant failed to produce any convincing evidence on record to prove that she was in actual physical..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Denial of title and possession of plaintiff over suit property by defendant relying upon judgment passed in earlier declaratory suit - However, plaintiff was not party to said suit - Since said judgment was not inter parties, same is not relevant and inadmissible to prove title and possession of defendant -..........
Hindu Succession Act, 1956, Section 6 -- Right of daughters to partition during life time of father - Plaintiffs being co-parcenars with defendant no.1/father, are entitled to maintain partition suit during life time of defendant no.1/father...........
