Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plaintiff having no objection in allowing such application - Ex parte decree set aside - Co-defendant has no right to raise objection that ex parte decree should not have been set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Plaintiff having no objection in allowing such application - Question of limitation can only be decided in case application is being contested by plaintiff...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant no.2 as appellant no.4 - Suit for specific performance decreed in favour of plaintiff - Other defendants filed appeal against such decree - Defendant no.2 is co-owner of suit property as admitted by plaintiff - Plaintiff himself had arrayed defendant no.2 in suit filed by him - Defendant no.2 is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Issue of limitation is a mixed question of fact and law, for which evidence needs to be adduced - Plaint cannot be rejected on said issue...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For passing an order U.O.7.R.11 CPC, only averments in civil suit are to be seen and not any other documents - Whether averments made in suit are proved to be correct or false depends upon evidence which will come on record...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from disturbing possession of plaintiffs - Plaintiffs are in possession of suit property - Temporary injunction is in operation for the last 10 years - Impugned order of setting aside injunction order granted in favour of plaintiffs set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Mere fact that certain evidence is important per se is not in itself a sufficient ground for admitting that evidence in appeal...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit filed for permanent injunction and subsequent suit filed for specific performance - Earlier suit withdrawn without permission to file fresh suit with respect to the suit land - Nothing on record to establish what was the cause of action of plaintiff in earlier suit - In the absence of any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - One of the defendants had died prior to filing of suit - Nothing on record to show that plaintiff knew of said fact at the time of filing of suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - Bar of limitation - When already a suit for injunction which involves a question of title has been filed, admittedly within time, there shall be no question of bar of limitation being attracted..........
