Agreement -- Validity - Pleading that agreement was not signed voluntarily and that it was executed under coercion and threat - No steps whatsoever taken to resile from the agreement or to revoke it for at least half a decade - If such coercion etc. had actually occurred, respondent has no explanation to offer as to why he did not avail of any civil law remedy (to have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contention of defendant involves mixed question of law and facts which cannot be decided in petition for rejecting the plaint - It has to be necessarily decided during trial - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Parties are already before Court of competent jurisdiction claiming partition of suit property - Injunction granted by appellate Court with respect to maintenance of status quo regarding construction cannot be sustained and thus, set aside - However, restraint against defendant no.1 qua..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objection u/s 47 CPC is no substitute for remedy of appeal - It is a very limited remedy available to JD which is confined in its scope to a decision on all questions arising between parties to suit in which decree was passed relating to execution, discharge or satisfaction of decree - It is not a remedy..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - In determining objections u/s 47 CPC, execution Court cannot go behind the decree and virtually review the trial Court's judgment...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Partition suit - Defendants by executing sale deed of suit property created third party interest and has complicated the matter - They cannot take advantage of their own wrong and now claim that subsequent purchasers should not be made parties - Subsequent purchasers are proper parties..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Application filed after conclusion of evidence of plaintiff without disclosing in the application as to why those documents could not be produced earlier - Application rightly rejected - However, since family Court has closed the right of plaintiff to cross-examine the witnesses of defendant, one..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 101, 103 -- Execution - Objections - Compromise decree in a suit for specific performance - Objection regarding suit property is joint family property - However, objector already filed a suit for partition against JD and DH is also a party in said suit - Therefore, right, title and interest if any of objector..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by Limitation - If a suit is not maintainable due to a specific legal bar such as the expiration of limitation period under the Limitation Act or any statutory prohibition, Court has power to reject plaint at the preliminary stage without the need for a full trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments made in the plaint alone have to be seen while considering application U.O.7.R.11 CPC and that they have to be assumed to be correct...........
