Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary mandatory injunction for restoration of electricity connection - Plea of outstanding dues - Property purchased in auction - In sale certificate no encumbrance was shown - Injunction rightly granted in favour of plaintiff...........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of legal heir - Death of plaintiff - Appellant is admittedly son of deceased plaintiff - Thus, his entitlement whether by way of testamentary succession or non-testamentary succession as being legal heir of deceased plaintiff cannot be denied - Moreover, if any inquiry was required to be made, trial Court..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - It is an issue i.e cause of action which is of prime consideration and not exclusively parties to suit or subject matter, which was under litigation in a prior proceeding...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Fresh accrual of cause of action on account of execution of subsequent sale deed - Bar of S.11 CPC would not be applicable, because issue would still be left open to be decided by Court about effect of earlier decree - Application u/s 11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When the Photostat copy of document in question is already on record and plaintiff himself produced the same on record and said document is registered sale deed, genuineness of which is not in doubt, Appellate Court rightly allowed the application U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint amounts to `decree' - It is appeal and not writ petition under Art.227 Constitution of India which is maintainable...........
Civil Procedure Code, 1908, Section 114 -- Review - Dismissal of appeal against compromise decree - Whether petitioners have a right U.O.43.R.1-A(2) CPC to prefer an appeal against decree of compromise requires elaborate hearing and has effect of rehearing the matter as to maintainability of appeal - There is no error apparent on the face of record in impugned order -..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants raised the ground that summons of suit were served on defendant no.2 who is mentally retarded and could not intimate regarding service of notice of suit upon defendants - However, defendants failed to produce a single document so as to show and suggest that defendant..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Generally, it is wife's convenience which must be looked at while considering transfer petition...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife is a young lady aged about 21 years staying alone along with her aged parents - She does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood - It is difficult for her to travel all the way from Chennai to Vellore to attend..........
