Civil Procedure Code, 1908, Section 100 -- Second appeal - Concurrent finding of both Courts below that plaintiffs are entitled for 2/3rd share in the disputed property - In plaint the extent mentioned either as 2.25 acres or 3.25 acres is immaterial in view of the fact that defendant himself has pleaded they have purchased 1/3rd share in the disputed property - Both..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Pleadings in plaint that respondents/plaintiffs were using 3 metres wide access for more than 60 years and act of appellants trying to obstruct it by constructing a compound wall is taking away right of passage and access available to respondents - Contention that right as claimed..........
Civil Procedure Code, 1908, Section 88, 207, Order 7, Rule 11 -- Rajasthan Tenancy Act, 1955, Sch.III, Item No.5 - Rejection of plaint - Suit for permanent, mandatory injunction and cancellation of sale-deed - Declaration of khatedari rights over agricultural land was the main relief sought - Held, declaration sought could only be granted by Revenue Court - Relief..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power of court - Held, if a case comes within the purview of O.7.R.11 CPC only the plaint is liable to be rejected and suit itself cannot be dismissed on that account - In present case, learned Court below has wrongly dismissed suit itself - Therefore, impugned judgment and decree is liable to be..........
Civil Procedure Code, 1908, Order 7, Rule 11, Northern India Canal and Drainage Act, 1873, Section 30A -- Rejection of plaint - Order shifting land - Jurisdiction of civil Court - Held, in case trial Court arrives at a conclusion that mandatory provisions of statute have not been complied with, then suit of plaintiff would be maintainable - It will be premature at this..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Permission for - Document sought to be produced as additional evidence referred to in plaint but not produced while leading evidence - Plaintiff has himself referred to the same in his plaint - Consequently, plaintiff can have no objection to production of said document by way of additional evidence -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Land Revenue Act, 1956, Section 207, 88, 188 -- Schedule III, Item No.5 and Item No.23C - Rejection of plaint - Agricultural land - Suit for declaration and permanent injunction - Jurisdiction of civil court to entertain such suit - Held, suit clearly barred by S.207 of Rajasthan Tenancy Act which bars such suit from..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Non-discloser of cause of action - Rejection of plaint - Prayer for return of plaint instead of rejection - Held, prayer could have been only accepted when plaint was liable to be rejected under clause (d) as barred by law being triable by a revenue court but in present case it has also been found that plaint is liable to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Dismissal of suit - Validity - Held, if a case comes within the purview of O.7.R.11 CPC only the plaint is liable to be rejected and suit itself cannot be dismissed on that account...........
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18 -- Partition suit - Subsoil rights - Partition sought on the ground that demised property is joint family property of 1st respondent's father and appellant - Plaint schedule does not deal with subsoil rights of various items of landed property included therein - Held, it is well settled in law that subsoil rights do..........
