Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Proceedings u/s 6 of the Act is summary proceedings - Question of title or better rights of possession does not arise for adjudication in such proceedings where only issue required to be decided is as to whether plaintiff was in possession at any time six months prior to date of filing of suit...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Trial Court while taking into account evidence on record decreed suit but could not come to a specific finding to the effect that plaintiff was in possession of suit land on the date on which it was alleged that defendants entered into suit land - Taking into account that proceedings are summary in..........
Mutation -- Mutation proceedings are summary in nature and they do not decide any right or title between parties, rather they are drawn only for fiscal purposes - Order passed in mutation proceedings are always subject to declaration of rights which may be sought by parties concerned by instituting a regular suit...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant not disputed the fact that cheque stands issued by him which bears his signatures, in order to pay back Rs.10 lacs to plaintiff - Vague plea is raised by defendant that such cheque was issued to defendant No.2 - However, no corroborative material has been placed on..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Summary proceeding under the Act may remain subject to the out come of any civil suit wherein larger issues and other rights may be involved - Therefore, merely because civil suit is already pending between parties, objection of petitioner that authorities..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Procedure for appearance of defendant - In a summary suit, next date should not be mentioned except requiring the defendant to cause his appearance before the Court within ten days from the date of receipt of summons - If he fails to appear within the said ten days, plaintiff will be entitled for a..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Imposition of condition to deposit an amount in the Court before proceeding further is justifiable and that grant of leave by a Court U.O.37 CPC to defendants to defend the case is discretionary in nature...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Order of trial Court granting conditional leave was never called in question by either of parties - Said plea cannot be entertained by High Court while adjudicating appeal filed against impugned judgment of decreeing suit...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit for recovery - Court trying a suit U.O.37 CPC is within its powers to pass a decree U.O.37.R.3(6) CPC in favour of plaintiff forthwith on account of failure of a defendant to comply with conditions upon which leave is granted...........
Civil Procedure Code, 1908, Section 11, Provincial Small Cause Courts Act, 1887, Section 15 -- Res judicata - SCC suit - Small Cause Courts has limited jurisdiction to go into the question of title incidentally for deciding the claim of landlord for a decree of ejectment and execution thereof - However, Small Cause Courts decide the cases in a summary manner and the..........
