Civil Procedure Code, 1908, Section 136 -- Attachment of Property - Scope of powers of Court - Court trying a suit may have jurisdiction to order attachment of a property even out side of its jurisdiction - Court to send order of attachment to the District Court within whose local limits the property sought to be attached is situated - Sec. 136 clearly excludes execution..........
Civil Procedure Code, 1908, Section 16, 20 -- Where suit falls within the preview of Sec. 16, proviso to Sec. 16 and provisions of Sec. 20 are not applicable - Proviso to Sec. 16 apply where relief sought can entirely be obtained by personal obedience of the defendant - Relief of partition, rendition of accounts, declaration of sale deed as null & void cannot entirely be..........
Civil Procedure Code, 1908, Section 21, 21A -- Waiver of objection - Sec. 21 is a statutory recognition of the principle that the defect as to the place of suing u/s 15 to 20 of the Code may be waived and that even independently of Sec. 21 - A defendant may waive the objection and may be subsequently precluded from taking it...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of claim petition filed u/s 163-A of Motor Vehicle Act - In original petition, income alleged Rs.5, 000/- p.m. - Amendent sought to plead income less than Rs.40, 000/- p.a. - Tribunal relying on Deepal Girishbhai Soni's case, AIR 2004 SC 2107 declined amendment - Judgment not applicable - Amendment permitted with..........
Limitation Act, 1963, Article 21, Civil Procedure Code, 1908, Order 1, Rule 10, Hindu Succession Act, 1956, Section 8 -- Impleadment of Reversioner as party to suit - Suit for possession being nearest reversioners - Application under Order 1 Rule 10 for impleading party being sister's son of the deceased - Application filed 5 years after death of original owner - Declined..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v),, Article 1, Civil Procedure Code, 1908, Order 7, Rule 11 -- Suit for declaration challenging sale deed with consequential relief of possession - Application under O.7 R.11 CPC - Trial Court directed to pay ad-valorem court fee on sale consideration - Plaintiffs not party to sale - Sale deeds challenged on the ground that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti suit injunction - Suit for mandatory injunction/permanent injunction/prohibitory injunction restraining defendant from continuing with complaint for divorce pending in Foreign Court - Trial Court issued notice on ad interim injunction application - Order challenged - Principles governing grant of anti suit injunction..........
Limitation Act, 1963, Article 64, 65 -- Adverse possession - Burden of proof - High Court in regular second appeal formulated substantial question of law that burden of proof lies on the plaintiff to prove his title. Held - Substantial question erroneously framed by High Court. Burden of proving perfection of title by way of adverse possession lies on defendant. Judgment..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Section , Order 22, Rule 4, Limitation Act, 1963, Section 21(1) -- Suit against dead person - Bonafide Mistake - Suit for declaration - Correction of error - Process serving agency reported death of one of the defendant - Application under O22 R 4 read with O1 R10 impleading LR's of deceased..........
Civil Procedure Code, 1908, Section 47, Haryana Relief of Agricultural Indebtedness Act, 1989, Section 3, 4, 17, Banking Regulation Act, 1949, Section 21A -- Agricultural Loan - Loaner's liability to pay agreed interest - Entitlement of DH to more than double of principal amount - Discharge of debt - Can executing court go beyond decree by virtue of sec. 17 of Act of 1989..........
