Civil Procedure Code, 1908, Order 1, Rule 10 -- Striking out parties - Defendant No.7 filed the application for deletion of another defendants from array of parties - Plaint contain averments suggesting a concerted action, or conspiracy between various defendants - Court cannot in the absence of full trial comment on the strength or weakness of those averments nor it can..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Delay of two years in filing application - Condonation of delay - Defendant failed to file an affidavit explaining the delay and setting out sufficient cause for filing application to set aside ex parte decree after long lapse of more than two years -..........
Specific Relief Act, 1963, Section 39 - - Mandatory injunction - Seeking vacant possession of house in question from daughter-i, law/defendant - Defendant failed to prove that house purchased from funds of Hindu Joint family property - Plea of daughter-i, law that construction of house in question was raised out of funds provided by husband pales into insignificance as..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiff claiming 1/4th share in suit property by alleging that property was acquired from joint family nucleus - Defendant however, pleaded self acquisition - Burden lies on plaintiff who asserts that there was nucleus with which the Joint family property was acquired - Plaintiff directed..........
Specific Relief Act, 1963, Section 34, Evidence Act, 1872, Section 101 -- Plaintiff seeking declaration that she is entitled to be paid as per Early Retirement Scheme - Defendant instead of terminating services under coercion forced plaintiff to sign document and considering it as resignation - Failure of plaintiff to adduce evidence showing how ERS Scheme shall be..........
Indian Contract Act, 1872, Section 73, 9 -- Claim for damages - Plaintiff seeking declaration that she is entitled to be paid as per Early Retirement Scheme - Defendant instead of terminating services, under coercion forced plaintiff to sign document and considering it as resignation - Considering that plaintiff served for 28 years and went through mental agony due to..........
Civil Procedure Code, 1908, Section 20(c) -- Jurisdiction - Corporation - When a plaintiff or a defendant is a corporation, carrying on business by such a corporation or a company necessarily has to be taken along with existence of a branch office or a principal office or registered office, with the place where cause of action also is said to have arisen...........
Rent and eviction -- Mesne profits - In the instant case, there is no evidence on record produced by respondent/plaintiff to establish that market rate of rent of suit property is Rs.5,000/- P.M. - However, appellant/defendant himself deposed that he is willing to pay Rs.500/- P.M. for occupation of suit premises - Hence, afterwards he cannot deny that market rate of rent..........
Suit for recovery -- As per evidence on record plaintiff advanced loan to defendant and entry to this effect was made in books of account - Moreover, entry in books of account was only to confirm balance and was not bond or acknowledgment of debt which requires stamping - Even, perusal of entry shows that defendant has affirmed balance and that above entry include amount..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Defendant by way of amendment sought to introduce some facts on the basis of discovery of some documents which were in the custody of his deceased father - Amendment sought when trial of suit had already commenced and also arrived at the stage of closure of evidence from the..........
