Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement - Incorporation of counter-claim - permissibility of - Suit between parties was decreed on compromise - Compromise decree was set aside in appeal at instance of defendant-opposite party - Matter was remanded to trial Court for hearing and disposal -..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Applicability - In earlier suit, dispute was only regarding obstruction by making construction of wall by defendant on the drain - Parties were not fighting with regard to their title and possession with respect to any property - Nor there is any finding nor any issue was framed in that suit - In present suit..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 11, Specific Relief Act, 1963, Section 20 -- Suit for specific performance of memorandum of understanding - Territorial jurisdiction - No relief for declaration of title to property or for possession of property claimed - Suit for specific performance simpliciter and not suit for land - Held, suit is triable by Calcutta..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Maintainability - Plaintiff sought permanent injunction against defendants on ground that he has been in possession of suit property and defendants were disturbing his possession - Plaintiff's suit is not based on title - Reference in plaint to grant in favour of father of plaintiff is only to show as to how..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - No prayer for declaration sought - Effect thereof - Held, in a suit for permanent injunction based on possession there is no need for prayer for declaration of title and Court should confine itself regarding possession only...........
Possession -- Suit for possession on basis of title - Suit property transferred on the basis of power of attorney which was never executed by plaintiff - Held, plaintiff is not required to seek declaration regarding power of attorney and sale deed being null and void because plaintiff is not a party to the said documents and therefore the said documents are non existent..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Consequential relief of permanent injunction and alternative relief of decree for possession claimed - Suit cannot be dismissed on the ground that simpliciter suit for declaration without claiming relief of possession is not maintainable...........
Specific Relief Act, 1963, Section 34 -- Declaratory suit simplicitor - Maintainability - Defendants are in possession by themselves and through their tenants - Suit for declaration of title of property without further relief of possession - Held, suit is hit by proviso to S.34 of the Specific Relief Act, 1963 and is not maintainable...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration - Sale deed executed and possession delivered in execution of decree for specific performance - Pendente lite transfer of property during pendency of execution proceedings - Plea of bona fide purchase for valuable consideration without knowledge of alleged defect in title and that in the suit for specific..........
Assam Land and Revenue Regulations, 1886, Section 154 -- Suit for recovery of possession and permanent injunction - Jurisdiction of civil Court - Held, demarcation of boundary through revenue authority and prayer for declaration of right, title and possession over a land are two distinct and different matters - Merely because plaintiff/petitioner was party to demarcation,..........
