Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration and permanent injunction - Plaintiff deliberately did not pray for cancellation of sale deed since the limitation for filing a suit for cancellation of sale deed is 3 years, whereas, suit has been instituted after about 9 years from the date of execution of sale deed - Suit filed by plaintiff is nothing..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to child - Paternity of child disputed by father - Parties are husband and wife, as suit for declaration of divorce filed by father is dismissed and an appeal is pending, which means that parties are still husband and wife - Child is thus, born during subsistence of marriage - Taking into account the income of..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
Partition suit -- Will - Whenever a Will is projected in defence in the suit for either declaration or partition, there need not be a prayer for setting aside the Will - Dismissal of suit on the ground that there is no prayer for setting aside Will is unknown to law...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Possession of plaintiff over suit property is not disputed - Necessary consequences of declaring general power of attorney and lease deed executed in favour of plaintiff was restoration of possession - However, defendant failed to seek consequential relief of restoration of possession - Counter claim seeking..........
Mutation -- On the basis of Will - Not permissible - If propounder of Will wants to take advantage of a Will, then first of all he has to seek a declaration from civil Court of competent jurisdiction and only after the decree is passed, his name can be recorded on the basis of such decree...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration - Trial Court while dismissing application required to adjudicate as to whether presence of applicants before it in the suit was necessary in order to enable Court to effectually and completely adjudicate upon and settle all the questions involved in the suit - However, trial..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration of title - Plaintiffs are claiming right and title of suit property - Burden is on the plaintiffs to prove their right and title of suit property...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent prohibitory injunction - Evidence on record proves that plaintiffs are in possession of suit property - However, plaintiffs failed to prove their title in suit property - Plaintiffs entitled to relief of permanent injunction but not entitled to relief of declaration of title...........
