Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Third party objections - Decree for specific performance - Relief sought for by petitioner is the same relief which was earlier sought by him in suit for declaration and in application for temporary injunction which already stood rejected on merits - Even, other siblings of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Triable issues arise in the case - Nature of agreement of sale cum General Power of Attorney (AGPA) as to its validity is in question - Therefore, only when validity and enforceability of AGPA is decided, rival contention of respondent can be determined - Suit cannot be rejected at the threshold..........
Co-sharers -- Un-registered memorandum of partition - Memorandum of partition was acted upon and pursuant thereto part of suit land was sold by one of co-owner - Plaintiff did not challenge said sale deeds for a period of nearly 20 years and filed civil suit only in 1994 - Since the memorandum of partition was acted upon and remained unassailed for nearly two decades and..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Merely because one of parties in its pleadings (that too before a Court other than Court where subject suit is pending) alleges that other side deliberately enhanced valuation of suit to ensure that suit comes out of jurisdiction of concerned trial Court, it cannot be overstretched to mean that party making such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where several reliefs are sought in suit, if any one of reliefs is within the period of limitation, plaint cannot be rejected as barred by law by taking recourse to O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application for rejection of plaint only averments made in plaint and nothing else is to be considered to find out whether suit is barred by law - At this stage, defence is not to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - When a suit is instituted for possession, based on title to defeat suit on the ground of adverse possession, burden is on defendant to prove adverse possession for prescriptive period - This, therefore, cannot be an issue on which plaint could be rejected at threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that mutation is illegal null and void - Plaintiffs had clearly disclosed that they had been contesting Will in mutation proceedings which culminated in the year 2017 - Suit was instituted within 3 years thereafter to declare mutation entry illegal - Thus, considering that mutation..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - First suit instituted by predecessor-in-interest of plaintiff was not tried - In fact, plaint of that suit was rejected U.O.7.R.11 CPC as not being properly framed - In such circumstances, a fresh suit with appropriate relief cannot be prima facie barred by O.2.R.2 CPC...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for possession - Where a suit is for possession of immovable property or any interest therein based on title, limitation period is 12 years when possession of defendants becomes adverse to plaintiff...........
