Civil Procedure Code, 1908, Order 22, Rule 3 -- More than one plaintiffs - Death of one plaintiff - L.R's of decreased plaintiff not brought on record - Entire suit does not abate on death of one of the plaintiffs...........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed on the ground that plaintiff was ill and undue influence was exercised by defendant - Plaintiff was not proved to be ill on the date of execution of sale deed as alleged - Doctors who had given prescriptions were never produced - None of brother of plaintiff had come in the witness box to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Injunction suit - Impleadment of persons related to trust need to be added as parties to suit in order to determine real interest of plaintiff as per findings of trial Court - Their presence is must to decide relief claimed by plaintiff in suit properties - Even, otherwise, it is discretion of Court..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Plaintiff had got suit property in exchange of his plot - There was no dispute with regard to identity of suit property - No error therefore, committed by First Appellate Court in not getting a survey conducted...........
Agricultural land -- An agricultural land could have been exchanged by an agricultural land as per S.53 of U.P Tenancy Act - In the instant case, plaintiff had got suit property in exchange of his plot which was entered as abadi but was subsequently by order of Consolidation Court changed into agricultural land - There was thus, no infringement of any provision of U.P..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Suit for possession - Defendants sold their 1/3rd portion of property to plaintiffs for a sum of Rs.700 - When the first appellate Court was finding that sale deed was a valid one and when the amount of Rs.700 was not being returned to plaintiff, plaintiffs should also get possession over 1/3rd portion of house..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC is applicable to suits only...........
Civil Procedure Code, 1908, Section 10 -- Stay of eviction petition - Petitioners moved application u/s 10 CPC in an eviction petition - Eviction petition before Rent Controller is not a suit, provisions of S.10 CPC not applicable to eviction petition - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........
