Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Once it was established that DH's father was tenant of suit property, finding that DH succeeded to tenancy and remained in possession was rightly affirmed - Petitioners are presently in possession of suit land, thereby clearly demonstrating that DH was dispossessed in violation..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Only averments taken in plaint should be seen and can be considered for desired purpose - Plea taken by defendant or documents submitted by him are not required to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a party asserts possessory rights, even to an inch of land, such a claim cannot be foreclosed at the threshold - Merits must be adjudicated after evidence is led - Whether such possession is legal, illegal, established, or otherwise defective is a matter for trial and not for summary rejection..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions of fact require full-fledged trial which cannot be summarily discarded at the gateway of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Unwarranted pre-determination of merits under the guise of O.7.R.11 CPC cannot be sustained...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint discloses a clear cause of action, raises contentious questions of fact and seeks adjudication regarding nature, extent and legality of possession - Such issues cannot be brushed aside at the entry gate - Order rejecting plaint set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where complex and contentious matters arise, plaintiff must be afforded an opportunity to prove his case rather than being shut out at the very threshold...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Applicability of provisions of J&K Agrarian Reformers Act - Issue that falls for determination is as to whether defendant is entitled to resume suit land on the basis that mutation u/s 7 of J&K Agrarian Reformers Act stands attested in his favour way back in the year 1987 - Plaintiffs are resisting..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of plaint - Lack of territorial jurisdiction - After return of plaint by Court lacking jurisdiction, suit has to proceed de novo before competent Court, even if evidence of parties stood concluded before Court which returns the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint - Lack of territorial jurisdiction - Provisions U.O.7.R.10 r/w O.7.R.10-A CPC cannot be interpreted as providing any discretion to Court to proceed in suit from the stage from which plaint was returned...........
