Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - A stranger to the contract making independent claim adverse to the title of vendors is neither a necessary party nor proper party to join as defendant in a suit for specific performance of contract of sale...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of a document of Will as null and void - Plea of bona fide purchasers - Since defendant No.1 failed to prove his title through Will in question, then defendant Nos.2 & 3 are bound to fail to prove their case of bona fide purchasers without notice and for valuable consideration - Moreover, defendant Nos.2 & 3..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor attained majority during pendency of suit - Held, if minor defendant who attained majority does not choose to come on record and contest the suit by himself, he must be deemed to have elected to abide by representation of guardian and judgment and decree eventually passed in suit would be binding..........
Agreement to sell -- Specific performance - Plea that agreement was security for loan and not a sale agreement - Onus is on defendant to establish that said agreement was in fact an agreement for security of loan and not an agreement of sale which defendant failed to discharge - Possession delivered simultaneously with the execution of agreement - Agreement proved to be..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - Suit for partition - One of appellant died during pendency of appeal - L.R's not substituted - Appeal as a whole becomes incompetent - In a suit for partition each and every co-sharer/co-owner is in the position of plaintiff as also defendant - For an effective decision of partition suit/appeal,..........
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A -- Counter-claim - For all intents and purposes must be understood as suit filed by one who is impleaded as defendant - `Counter-claim' is essentially filed to obstruct claim raised in suit - `Counter-claim' is tried jointly with suit filed by plaintiff and has same effect as cross-suit - For all intents and purposes..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Partition suit - Suit decreed in favour of plaintiffs by High Court holding that Will alleged by defendants in their favour to the exclusion of wife of testator is not true and valid - Defendant contended that suit wrongly decreed as wife of testator does not complain about not getting any property under Will and..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- L.R's - Impleading L.R's of defendant who was proceeded ex parte - Court can grant exemption from necessity of substituting L.Rs of any such defendant who failed to file written statement or who having filed it but has failed to appear before Court in order to contest the suit...........
Civil Procedure Code, 1908, Section 144, 151 -- Restitution - Erroneous decree - There is no fetter in the inherent jurisdiction of Court to remedy a wrong committed due to an erroneous decree - A serious injury is caused to defendant due to the knocking off its property in an execution sale under a decree which did not reflect the correct amount due - Advantage obtained..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration that plaintiff is owner of suit property and for cancellation of sale deed executed by defendant Nos.2 to 4 in favour of defendant No.1 - Plaintiff himself is claiming declaration by pleading that cause of action accrued to him for the first time in..........
