Registration Act, 1908, Section 17(b) -- Registration - Compromise decree - Order of Court/decree which extinguishes rights, title or interest is required to be compulsorily registered - Right course thus, open for Civil Judge was to decree the suit and send a copy of decree for registration to Sub-Registrar u/s 17 of the Act - Sub-Registrar, if deemed necessary, can take..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Non-commercial suit - Provision of O.8.R.1 CPC is directory in nature and not mandatory in case of non-commercial suit...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Not filed within time - Suit for possession by way of specific performance as well as permanent injunction - Keeping in view nature of suit and the fact that in case defendant is not permitted to file his written statement, great injustice would be occasioned to him - One opportunity is thus, granted to..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Plea of res judicata can only be examined after detailed examination of pleadings of parties in earlier suit and after perusing all relevant documents filed by parties, which is impossible at the stage of deciding defendant's application U.O.7.R.11 CPC...........
Hindu Succession Act, 1956, Section 8 -- Property of Hindu Male dying intestate - Disputed property was self-acquired property of deceased - Plaintiff being daughter was having 1/7th share in the suit property - Even if suit property belonged to Mitakshara Joint Hindu Family, even then, she was a coparcenar in that property and was entitled to same share as her brother..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding application U.O.7.R.11 CPC, Court is not to examine plaint case on merits whether plaintiff is going to succeed or not - At this stage, plaint averments are to be read to ascertain whether any cause of action has arisen to plaintiff to file suit...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross examination - Entire issue involved in the main suit revolving around Will - Recall of witness regarding application submitted by plaintiff No.2 to Tehsildar by enclosing Will and relevant documents is very essential for just decision of case - Reasons stated by defendants for not filing..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - For existing status of property on the spot and not for the purpose of collecting evidence - Existing physical status of suit property as it stood at the time of filing of suit as well as on today is indeed relevant and necessary for just and effective adjudication of issues involved -..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Defendant not denied his signatures on Pronote and Receipt - Defence of defendant is that pronote is forged and fabricated - However, defendant admitted that he had not moved any complaint before any police authorities or any other higher authorities against plaintiff for alleged forgery and fabrication of..........
Hindu Law -- Joint Family Property - Alienation by Karta - Karta sold the suit property to defendant No.5 to meet expenses of marriage of daughter i.e due to legal necessity - Money receipts for sale consideration were signed by two of coparceners, as well as wife of Karta and daughter, whose marriage expenses are stated to be reason for sale - These circumstances..........
