Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Disobedience of decree for injunction - Plaintiff has taken symbolical delivery of property and he is in physical possession and enjoyment of property by collecting rent for building from defendant - There is thus, no violation of decree for injunction - Application filed U.O.21.R.32 CPC to punish defendant for..........
Civil Procedure Code, 1908, Order 17, Rule 1, 3 -- Closure of evidence of defendant no.4 - Witness of defendant no.4 was present for cross-examination on two occasions - But on both the occasions witness of defendant no.4 not cross-examined by Counsel for plaintiff - Witness of defendant no.4 did not appear on one date on which his evidence was closed by Court - Evidence..........
Practice and procedure -- Plaintiff has to prove its case and he cannot succeed on the weakness of his opponent...........
Adverse possession -- To claim adverse possession plaintiff has to fulfill the essential ingredients viz. (i) on what date he came into possession, (ii) what was the nature of his possession (iii) whether factum of possession was known to the other party (iv) how long his possession has continued, and (v) his possession was open and undisturbed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding as to whether plaint discloses cause of action or not, Court has to see only the averments in the plaint and accompanying documents relied upon in plaint and facts elicited from plaintiff by examining him U.O.10 CPC - For the purposes of deciding application U.O.7.R.11 CPC, Court has to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Re-issue of warrant to Commissioner - Measurement of property on basis of sale deeds of parties - Suit for declaration and recovery of possession - It is for plaintiff to prove his title in order to succeed in suit - If defendant had purchased a portion of property prior to plaintiff's purchase, he would be automatically..........
Evidence Act, 1872, Section 114 -- Adverse inference - Non production of sale deed on which plaintiff founds its right - However, defendants produced a certified copy of said sale deed before trial Court - There is thus, no occasion for trial Court to draw any adverse inference against plaintiffs, when the suit is at an interlocutory stage, as document is otherwise..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Allegation of favoritism by Presiding Officer, as he is giving shorts dates in the matter - However, it is the plaintiff who already obtained an interim injunction order intends to linger on matter - Moreover, being a civil matter, there is no merit in the contention of plaintiff that he is being compelled to..........
Specific Relief Act, 1963, Section 37, 38 -- Prohibitory injunction - Restraining defendant from demolishing suit property without due process of law - Plaintiff proved his title and possession over suit property - Defendant has not led any evidence controverting claim of plaintiff - In fact, defendant admitted possession of plaintiff - Suit property is thus, in ownership..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 10 -- Amendment of plaint - Suit for specific performance - Sale during pendency of suit - Amendment of plaint sought to assail such sale and its cancellation - Subsequent vendee was impleaded as a party with specific stipulation that it was being impleaded as assignee of defendant and..........
