Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question of limitation is entirely a question of fact, which has to be decided after recording evidence - Application U.O.7.R.11 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant restrained from alienating the property or creating any charge on the same and not from using the property - In civil litigation involving property, suit property needs to be protected - Order partly allowing application, upheld...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit challenging mutation entries was dismissed by Revenue Court U.O.7.R.11 CPC - Ground raised in the present suit being barred by res judicata, prima facie, would not apply to the present matter...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for rectification of boundary number in sale deed - Plaintiff by way of amendment sought new prayer seeking direction to contesting defendants to rectify mistake - However, plaintiff failed to seek deletion of old prayer-B where he sought for direction to Sub-Registrar to rectify defects on behalf..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary party - Where a person raises a claim over property and where a decree cannot be passed without his presence, he would be necessary party, who is entitled to invoke provision of O.1.R.10 CPC for impleading him in the suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Court in exercise of powers u/s 100 CPC, can interfere with findings of fact only if same is shown to be perverse and based on no evidence...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Joint family property - Restraining transfer of property during pendency of suit - Prima facie property is Joint Hindu Family property - Protection of property from transferring to a third party is necessary - Even if plaintiff's suit is decreed, he will suffer irreparable loss and injury in case..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Plaintiff once having consciously entered into a compromise showing his inclination not to pursue the suit cannot question execution of the same and based on that cannot seek recall of the decree passed by Court...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint to seek alternative prayer of refund of earnest money - While filing suit for specific performance, plaintiff is to be permitted to seek relief of possession, partition, refund of earnest money and other connected..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Board of Revenue cannot proceed with the hearing of appeal unless pending application U.O.41.R.27 CPC is disposed of in accordance with law...........
