Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced are only revenue records and same would not enure to the benefit of defendants to substantiate their right over the property in question in view of registered partition deed produced in the suit - Application dismissed...........
Indian Penal Code, 1860, Section 498A -- Cruelty - Statement of accused persons that unless wife brings the amount she should not come for cohabitation, without any action, will not amount to mental and physical harassment...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in possession of plaintiff - Revenue authorities have already partitioned suit land - Possession of specific portion of suit land was handed over to plaintiff - Defendant thus, cannot interfere in possession of plaintiff, as partition proceedings stands..........
Constitution of India, 1950, Article 226 -- Writ petition - Money claim - Not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction - Non-payment of admitted dues may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from obstructing lawful possession of plaintiff - Claim of defendants having any title over property is itself in question in as much as claim for partition was made against husband and father of defendants - Since said partition suit was dismissed for non-prosecution, they..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Rejection of earlier suit U.O.7.R.11 CPC does not bar fresh suit on the same cause of action provided right of action is not barred by law of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Earlier suit as filed by plaintiff in 1993 and plaint in said suit rejected in 1998 - Second suit of 2007 was filed on the strength of O.7.R.13 CPC for the very same cause of action and for seeking very same relief of specific performance of agreement - Plaintiff could have filed the second suit on or..........
Limitation Act, 1963, Article 113 -- Limitation - Art.113 of Schedule to Limitation Act provides for a suit to be instituted within three years from date when right to sue accrues - Right to sue accrues only when cause of action arises, that is, right to prosecute to obtain relief by legal means...........
Partition suit -- Both plaintiff and defendant Nos.1 to 7 have succeeded to the house in dispute after the death of `R' being his heirs - There is no Will or transfer deed or gift deed or relinquishment deed or any other such document in favour of defendant No.8 - Payment of utility bills would not confer her title of property - Without there being any document of title..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Partition suit - Plea of previous partition - Facts of partition have to be specifically pleaded and proved - Merely contending that suit property has already been partitioned, is not sufficient...........
