Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Determinative test lies in whether essential legal questions are same and not simply whether the same property or parties are involved - Law does not contemplate a stay where the nature of rights asserted, causes of action invoked or reliefs sought are fundamentally distinct...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction of civil Court - Rent proceedings - By virtue of S.21 of the Act, provisions of CPC apply to Rent Tribunal only to the extent expressly permitted and Rent Tribunal not being a civil Court, cannot have its proceedings mechanically equated with a civil suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected in part...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue as to limitation is a mixed question of law and fact, which cannot be adjudicated in an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, Court should not adjudicate on merits in dispute...........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Summoning of official witnesses alongwith relevant revenue record - Revenue record sought to be summoned is material and bears directly upon adjudication of petitioner's claim of ownership - Application cannot be declined on the ground that plaintiff has failed to furnish list of witnesses within time prescribed and had..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To decide the title dispute involved in the case, there is no need for appointment of an Advocate Commissioner to measure suit property - In other words, appointment of Advocate Commissioner is not necessary to find answers to questions involved in the case - Application rightly..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Cannot extend to properties which have already been alienated prior to institution of suit...........
