Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Bar of suit - Plea of res judicata and bar of suit cannot be considered on the basis of an application u/s 11 and O.2.R.2 CPC in absence of any issues - It has to be specifically pleaded by defendant in suit and trial Court should have specifically framed a specific issue in that regard - Plaintiff..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Defendants claiming right over suit property on the basis of sale deeds in their favour - There is specific, clear and unambiguous recitals in the said sale deed about existence of 5 tamarind trees over which defendant have half share - Recitals found in a registered document would prevail over any other..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - Provision of O.18.R.3-A CPC is directory in nature - Court can examine party at later stage though permission as envisaged U.O.18.R.3-A CPC is not taken - In the instant case initially, defendant permitted his attorney to appear on his behalf as he was not in India - However, when defendant visited..........
Agreement to sell -- Specific performance - Suit barred by limitation - Fifteen years of inactivity of plaintiff and unexplained delay of eight years after sanctioning of mutation of inheritance in the name of defendant, in presenting the suit - Nothing on record to assure the Court that plaintiff was diligent in keeping abreast of his rights - Suit barred without any..........
Limitation Act, 1963, Section 14 -- Exemption of time - Seeking remedy in wrong forum - Defendant pursued the testamentary suit in bona fide belief that rights of parties to benefits of estate would also be decided therein - Benefit of S.14 of Act would be available to defendants and they cannot be precluded from filing an independent suit in establishing their claims...........
Specific Relief Act, 1963, Section 16(c) -- Agreement to sell - Readiness and willingness - Requirement of readiness and willingness to perform the part of contract ought to exist on three occasions: (i) At the time of time stipulated in agreement; (ii) During pendency of suit when plaintiff's action is tested about on his pleadings of readiness and willingness u/s 16(c)..........
Civil Procedure Code, 1908, Section 151, Order 22, Rule 3, 5 -- Death of plaintiff - Substitution of L.R's - Enquiry for determination of L.R's - Appellant claiming L.R. of deceased plaintiff - Defendant denied the same - In such case, Court has to determine the status of L.R of deceased party to suit by holding enquiry - Rejection of application and dismissal of suit as..........
Court Fees Act, 1870, Section 7 -- Court Fees - Payable as per allegations in plaint and not on the basis of any defence taken by defendant either in the written statement or otherwise...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Court issued summons by way of ordinary process as well as through registered post - Ordinary summons not received back whereas summons through registered post received back with report of refusal - Postal employee made two efforts before making report of refusal showing an honest effort of..........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Production of documents - Non compliance of order of production - Striking off defence, or to place the party in the same position as if it had not defended - It can only be when there is non compliance of an order passed U.O.11.R.3 or O.11.R.15 - However, in case of non compliance of order passed U.O.11.R.14 or O.11.R.16,..........
