Civil Procedure Code, 1908, Section 100 -- Second appeal - At the instance of subsequent purchaser - Maintainability - Suit for specific performance - All grounds in defence to suit for specific performance are open to a subsequent purchaser impleaded as defendant - Second appeal at the instance of subsequent purchaser is maintainable...........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Unsound mind - Suit filed by next friend - No attempt made to establish that plaintiff was of unsound mind - Suit is not maintainable when such adjudication not undertaken and concluded...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - On basis of `oral' and not `written' contract - Suit not maintainable in summary form...........
Hindu Succession Act, 1956, Section 23(as -- Effect of amendment on pending cases - Suit filed by Hindu widow in 1999 - Bar created u/s 23 of the Act on right of woman to seek partition was removed in 2005, without a saving clause in favour of pending proceedings - S.23 of the Act thus, no longer applicable to pending cases before amendment of 2005 - Suit filed by Hindu..........
Dowry Prohibition Act, 1961, Section 6 -- Suit for recovery of dowry and gold ornaments by wife - Maintainability - Husband received the amount of dowry from father of wife as a trustee - Trust property is not transferred for the benefit of wife - Suit held, maintainable u/s 6 of Dowry Prohibition Act and wife is entitled to recover the amount of dowry...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - It is essential for defendant to produce plaint filed in previous suit, before raising a plea that subsequent suit is not maintainable on account of bar created U.O.2.R.2 CPC - After examining plaint, Court would be in a position to record a finding that previous suit and subsequent suit is on same..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, Court Fees Act, 1870, Section 6(2), 6(3)(As -- Amendment of plaint - Amendment sought to abandon part of claim and thereby reducing valuation of suit, after determining that the plaint is insufficiently stamped - Application is maintainable - Right to abandon a part of claim inheres..........
Orissa Hindu Religious Endowments Act, 1951, Section 19(1) -- Suit for eviction - Registered sale deed shows that Marfatdar of the deity alienated suit land in favour of plaintiff by means of a registered sale deed - There is no evidence on record that Commissioner of Endowments accorded permission u/s 19 of the Act to sell the land - So-called alienation by person styling..........
Suppression of material facts -- Plaintiff re-agitating the issue which was already decided in earlier suit filed by mother-in-law of plaintiff - Status quo order was obtained by plaintiff by suppressing facts regarding earlier suit - Fraud committed upon Court by suppressing material facts - Suit filed by plaintiff is clear abuse of process of Court - Suit struck off..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1(c) -- Review - Suit for eviction - Appellate Court not considered issue of bonafide need and relative hardship of landlord - Also it should not have reversed finding of Prescribed Authority - In absence of error apparent on face of record - Review petition, not maintainable...........
