Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of civil Court - Trust property - Defendant sold his share in trust property - Plaintiff wanted to declare sale deed as null and void - Plaintiff had not sought any relief under Rajasthan Public Trust Act - Civil Court has power to declare said sale deed as null and void - Application..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Res judicata - Suit for declaration that compromise deed is null and void and for partition - Suit is barred U.O.2.R.2 CPC as it did not include all the properties which were part of their earlier suit - Even, suit is hit by principles of res judicata or by constructive res judicata as..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that power of attorney and sale deed is null and void - Plaintiffs failed to exhibit so-called Power of Attorney, which was allegedly executed by plaintiff No.1 in favour of her husband/deceased - Plaintiffs also failed to prove that said Power of Attorney was forged one and on account of forged Power of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration that partition deeds are null and void - Defendant by way of amendment introduced plea of some partition which was never there in written statement when plaintiff was recording his statement - If amendment is allowed, same would amount to withdrawal of admission and would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale in question is null and void - Agricultural property - Plaint does not disclose a real cause of action rather something purely illusionary has been cleverly drafted in plaint making out a case for suit - Suit appears manifestly vexatious and does not disclose a right to sue..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Word `transfer of property' includes permissive transfer or gratuitous transfer in favour of a person and if the senior citizen is able to demonstrate his need than that transfer can be declared as null and void in terms of provisions contained in S.23 of the Act...........
Limitation Act, 1963, Article 57, Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Limitation - Suit for declaration that adoption deed is null and void - Suit filed eight years after execution of adoption deed, is barred u/art 57 of Limitation Act - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration - Plaintiffs not recorded Khatedars in respect of agricultural land - Unless plaintiff get their Khatedari rights declared by revenue Court, civil suit for declaration of sale deed as null and void is not maintainable - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
