Partition suit -- Plaintiffs were co-sharer of suit land - Land was still joint and it was never partitioned - Concurrent findings of facts on record that there was status of jointness and plaintiffs were entitled to decree of partition - No interference warranted in said findings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate correct valuation and Court fee payable - Same ought to have been allowed so as to facilitate curing defect in the suit - Munsiff Court directed to consider the amendment application and pass orders before staring trial...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration of ownership on the basis of gift deed filed after a delay of about 20 years - Trial Court dismissed the application by holding that point of limitation is a mixed question of law and fact - Impugned order set aside in view of judgments of Supreme Court passed..........
Madhya Pradesh Accommodation Control Act, 1961, Section 12(1)(c) -- Eviction order - Plaintiff is the owner and landlord of suit premises and defendant without any foundation and bona fide reason disputed his landlordship and ownership - Therefore, decree u/s 12(1)(c) of the Act has been rightly passed by Courts below - Eviction order upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Suit for specific performance - Presence of transferee pendente lite is necessary in suit as he will be bound by decree passed therein - Transferee pendente lite is also a proper party, as their presence is also required in the suit for protection of their interest in the event of any..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within statutory period - Striking off defence - Defendants availed at least three effective opportunities to file written statement so as to contest the suit - However, said opportunities were not availed by defendants - Difficult in getting records and translating them in Court language, would..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs though assert themselves to be owners in possession of suit property for last 37 years, but however, not even a single document has come on record to substantiate the plea of ownership or possession - In fact, plaintiffs now admit possession of defendants over suit property - Application..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Delay in filing appeal - Appellant had gone out of State for earning his livelihood and his brother also died after prolonged disease - He therefore, could not contact his counsel nor his counsel informed him about decreeing of suit in favour of plaintiff - Order dismissing application for condonation of delay set..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Defendant filed a civil suit in the year 1999 against mother of plaintiff and elder brother of deceased father of plaintiff - Said suit was decreed in favour of defendants and attained finality - Plaintiffs in subsequent suit are certainly litigating under same title that of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioners sought their impleadment on the ground that they have right in the suit premises - However, nothing on record to substantiate claim of petitioners that they are co-owners of property - Stand of tenants is the same as that of petitioners, which indicates that petitioners..........
