Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Concurrent findings of two Courts below holding two sale deeds executed by mother and paternal uncle of plaintiff in favour of defendant - Courts below accepted those sale deeds free from any infirmity - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Concurrent findings of two Courts below holding two sale deeds executed by mother and paternal uncle of plaintiff in favour of defendant - Courts below accepted those sale deeds free from any infirmity - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of civil death of a person on the ground that he is missing for more than 7 years - Suit is maintainable and not barred u/s 34 of the Act merely because further relief was not claimed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchasers - Suit for declaration of title and perpetual injunction - Registered sale deed was executed in favour of respondents in respect of suit property pending the suit - Unless evidence was led on aspect of sale transaction, no one could conclude whether said transaction is genuine or..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that sale deeds are null and void - Plaintiffs were not executant of sale deeds and were not privy to transaction in any manner - They are not required to pay ad valorem Court fee - Application U.O.7.R.11 CPC rightly rejected...........
Will -- Mutation on the basis of Will - Name of a beneficiary can be mutated provided the Will is duly proved and for that purposes the beneficiary has to approach Civil Court for declaration of his title...........
Will -- Mutation on the basis of Will - Name of a beneficiary can be mutated provided the Will is duly proved and for that purposes the beneficiary has to approach Civil Court for declaration of his title...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration simpliciter - Maintainability - Plaintiff was aware that defendant was in possession of suit property - It was thus, incumbent upon plaintiff to seek relief which follows - Held, suit is not maintainable...........
