Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted against owner of land on the basis of registered sale deed executed after full consideration having been paid for the same...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LRs - Only requirement for filing LR application is death certificate - Family member certificate is not required for filing LR application...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Res judicata - Findings recorded by Court/Tribunal while deciding application U.O.7.R.11 CPC will not operate as res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit whether barred by law - To be determined from the statements in the plaint - It is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application it is only the plaint allegation has to be seen and not the defence which is being taken by defendant either in his written statement or in his application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Plaintiff filed suit in representative capacity - However, material on record shows that plaintiff had no authority to file suit as per procedure given U.O.1.R.8 CPC - Suit not maintainable as representative suit - Dismissal of suit was proper...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Recovery suit - Defendants are residing in Bombay and no corporate office of defendants is situated at Mhow and even no negotiation took place at Mhow - Mere fact that plaintiff had received certain e-mails regarding negotiation at Mhow, does not create any cause of action..........
Civil Procedure Code, 1908, Order 21, Rule 48 -- Execution - Money decree - Attachment of salary - High Court stayed the order of Executing Court subject to payment of Rs.2.50 lakhs which was deposited by the petitioner - Petitioner allowed to pay the remaining decretal amount in two instalments - In the event of any default in these payments, order of attachment would..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Proof of handwriting, voice and signature - Document executed almost 40 years back - There is a huge gap of time that has passed for the purpose of comparison - Many changes must have definitely happened by efflux of time on physical conditions so far as defendants are concerned..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - Decree for specific performance - Petitioner claimed that he purchased the suit property under a registered sale deed for valid consideration from defendant no.5 - However, he purchased the suit property subsequent to registration of deed of sale in favour of DH while..........
