Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - For ordering substituted service, it must be shown that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason, summons cannot be served in the ordinary way...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Publication of notice in daily newspaper - When service is intended by an advertisement in a newspaper, newspaper shall be a daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resides or carries on business or personally works for gain...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharers - Alienation - Both the plaintiffs, one of advanced age and the other due to his infancy require protection of their interest - More so, being co-sharers, in case of alienation, their interest would be adversely affected - Balance of convenience lies in favour of plaintiff - Due to grant..........
Agreement to sell -- Specific performance - Grant of relief of specific performance - Law as to : (1) Even when alternative prayer is made in a suit the same cannot be construed to be a waiver or abandonment of his main claim; (2) Mere lapse of time and inadequate consideration on that count are no grounds to exercise discretion u/s 20 of Specific Relief Act; (3) Once the..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Encroachment and construction during pendency of suit - Compensation - Once plaintiff proves his case regarding ownership and entitlement for restoration of his possession against wishes of plaintiff, it would be wholly unjust and inequitable to deny him appropriate adequate relief of restoration/of possession..........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Every allegation of fact in plaint, if not denied specifically or by necessary implication in the pleading of defendant shall be taken to be admitted - But even so, proviso empowers Court, in its discretion, to require any fact so admitted to be proved otherwise than by such admission...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Commission of fraud - Mere failure on the part of defendant to contest the suit by entering appearance, cannot be held that he is deemed to have admitted the fact made in plaint - Law requires fraud to be specifically pleaded and proved and it is for plaintiff to establish commission of fraud independently...........
Registration Act, 1908, Section 17(1)(A) -- Agreement to sell - Possession delivered - Agreement unregistered - Held, plaintiff cannot claim possession or right in immovable property on the basis of unregistered agreement of sale, as it is not admissible in evidence and cannot be looked into for purposes of deciding the case - Plea of plaintiff that unregistered document..........
Adverse possession -- Plaintiff cannot seek declaration of title on the basis of adverse possession - Such plea is available only when proceedings are filed against plaintiff and he is arrayed as defendant then he can take the plea of adverse possession as defence...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Death of sole defendant - LR's of deceased defendant were duly served but they did not enter appearance and were accordingly proceeded against ex-parte - Application for setting aside ex-parte decree moved by LR's within 5 days of suit being decreed ex parte - Each one of LR's was located..........
