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..........
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 - There is no enlargement of scope except elucidation of issue in controversy by seeking a specific prayer for declaration of title - Nature of suit also does not get changed by introduction of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Agreement to sell executed between parties in the year 1959 and dispute arose in the year 1986-1987 - Suit filed in the year 2000 i.e after lapse of 40 years for specific performance of agreement is barred by limitation - Plaint rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 105, 106 -- Execution petition - Dismissed in default - Restoration - Execution petition was not listed for hearing but for report on warrant issued to petitioners - Provisions of O.21.R.106 CPC are not attracted - Dismissal in default therefore, could not have been U.O.21.R.105 CPC - Restoration rightly done invoking..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit property is agricultural land - Civil Court has no jurisdiction for adjudication of suit regarding agricultural land as per S.207 of Rajasthan Tenancy Act - Plaint rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct khasra no. of suit property on the ground that defendants have specifically mentioned in their written statement regarding correct khasra no. of suit property - Therefore, no prejudice will be caused to defendants, if amendment is allowed - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating ancestral property - Once a specific finding has been given by Court in writ petition that plaintiffs have failed to prove land in question to be an ancestral property which was further affirmed by Division Bench, same fact and same pleadings cannot be..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Neither there is specific bar, nor hard and fast rule that Advocate Commissioner cannot be appointed before commencement of trial or before passing an order granting temporary injunction, particularly when appointment of an Advocate Commissioner would help in disposing application for..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - JD contended that property auctioned does not belong to her husband - However, no documents were filed to that effect - Unless JD proves that sale was conducted because of fraud or irregularity in publishing proclamation of sale or substantial injury or non-issuance of notice, sale cannot be..........
