Specific Relief Act, 1963, Section 34 -- Suit for declaration - Whenever there is a cloud cast on title of a person and he claims title then for that purpose he has to file a civil suit and would necessarily lead evidence for the declaration of his right...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Plaintiff filed suit in representative capacity - However, material on record shows that plaintiff had no authority to file suit as per procedure given U.O.1.R.8 CPC - Suit not maintainable as representative suit - Dismissal of suit was proper...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Recovery suit - Defendants are residing in Bombay and no corporate office of defendants is situated at Mhow and even no negotiation took place at Mhow - Mere fact that plaintiff had received certain e-mails regarding negotiation at Mhow, does not create any cause of action..........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary - High Court stayed the order of Executing Court subject to payment of Rs.2.50 lakhs which was deposited by the petitioner - Petitioner allowed to pay the remaining decretal amount in two instalments - In the event of any default in these payments, order of attachment would..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Proof of handwriting, voice and signature - Document executed almost 40 years back - There is a huge gap of time that has passed for the purpose of comparison - Many changes must have definitely happened by efflux of time on physical conditions so far as defendants are concerned..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - Decree for specific performance - Petitioner claimed that he purchased the suit property under a registered sale deed for valid consideration from defendant no.5 - However, he purchased the suit property subsequent to registration of deed of sale in favour of DH while..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Whether suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Condonation of delay - Written statement has been lodged on 118th day from service of writ of summons - Reasons for delay in filing application although not entirely satisfactory but there is a justifiable explanation for the same - Delay in filing written statement..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint At the time of disposal of application U.O.7.R.11 CPC, only averments made in the plaint are to be seen and defence of defendants cannot be considered...........
