Civil Procedure Code, 1908, Section 9A -- (As in Mah.), O.14.R.2 - Preliminary issue - Mixed question of law and fact cannot be decided as a preliminary issue - Question as to whether proceedings are barred by law of limitation is a mixed question of law and fact and thus, cannot be decided as a preliminary issue u/s 9-A of CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Plaintiff is in occupation of property and Panchayat had indeed granted permission to plaintiff for construction of house - Trial Court and First appellate Court have found plaintiff as owner and occupier of suit property - Since plaintiff was owner of property, which is the only..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Eviction decree passed on the basis of compromise between DH and JD - Petitioner/objector claimed that she was owner of suit premises - However, she has not produced any title document of her having ownership over suit premises - Merely because a suit for partition was filed, same cannot..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration - Trial Court while dismissing application required to adjudicate as to whether presence of applicants before it in the suit was necessary in order to enable Court to effectually and completely adjudicate upon and settle all the questions involved in the suit - However, trial..........
Civil Procedure Code, 1908, Section 47, Order 23, Rule 3 -- Execution - Objections - Compromise decree - Compromise underwent procedural delays due to various adjournments and subsequent loss of original compromise - However, fresh compromise application identical to original was submitted and verified by trial Court fulfilling all the requirements of O.23.R.3 CPC - Terms..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Application U.O.7.R.10 CPC at the instance of a defendant is maintainable - Contention repelled that it is the right of plaintiff only...........
Civil Procedure Code, 1908, Order 7, Rule 10, Guardians and Wards Act, 1890, Section 9 -- Custody of child - Application for guardianship of a minor is to be filed before Court where minor child resides - Court where petition filed not having jurisdiction - Petition returned to be filed before Court having appropriate jurisdiction...........
Civil Procedure Code, 1908, Order 16, Rule 10, 12 -- Summoning of witnesses - Non-appearance - Closure of evidence - Trial Court was obliged to take measures as mandated in O.16 CPC to procure the attendance of absent witnesses - Closure of evidence of petitioner set aside...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plaint cannot be rejected on a plea of res judicata raised by defendants because adjudication of plea of res judicata requires consideration of pleadings, issues and the decision in the previous suit, which cannot be done in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Defence set-up by defendants or likely to be set-up by defendants in a suit, cannot be looked into at all for adjudicating an application U.O.7.R.11 CPC and only the averments in the plaint and the documents filed therewith have to be looked into...........
