Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh on same cause of action - Relief cannot be split up by allowing withdrawal of suit and refusing liberty to institute fresh suit - Application U.O.23.R.1(3) CPC should be treated as a whole - Impugned order allowing withdrawal of suit and refusing liberty to institute fresh suit,..........
Suit for possession - - Plea of adverse possession taken by defendant - Ownership of plaintiff over suit property on basis of sale deed already settled in earlier suit instituted by defendants themselves - Said finding is final and not being subject matter of challenge in these proceedings, cannot be reopened by Court - Plea of adverse possession rejected - Suit rightly..........
Civil Procedure Code, 1908, Order 41, Rule 11 -- Second appeal - Suit for possession and mandatory injunction - Plaintiff failed to establish his prior possession of suit property before 2011 when allegedly defendants made a construction on suit land - There was nothing before Court from which Court could even remotely hold that suit land belonged to..........
Adverse possession -- Land in question used by public at large and it is dedicated to public use - Plaintiff not entitled to claim suit land on ground of adverse possession...........
Agreement to sell -- Suit for specific performance - Plea of limitation - Once there was an endorsement dated 23.09.1997 to the effect that defendant would intimate decision of pending case to plaintiff, thereafter, within one year from the date of intimation, plaintiff would get sale deed executed, limitation cannot be reckoned from 23.09.1997 - First appellate Court..........
Agreement to sell -- Suit for specific performance - Original agreement to sell has not been produced - Merely because secondary evidence was permitted to be led and document was exhibited, document cannot be said to have been proved...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from using sahan land as rasta and making it into brick soiling - Revenue records show that land in dispute is public Rasta - No findings arrived at with regard to title or claim of plaintiff to land in dispute to be used by him as sahan - Moreover, if temporary injunction..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession and recovery of mesne profits - Issues framed in the matter, evidence to be led, would be relevant and matter cannot be decided at this stage in an application U.O.7.R.11 CPC - Suit cannot be rejected at this stage, as parties are also relying upon oral agreement - Suit is almost at..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Condonation of delay - Delay of 20 days in filing leave to defend - It cannot be said that defendant had unduly delayed filing leave to defend application - Adequate reasons were stated in application for condonation of delay by defendant - Delay in filing leave to defend..........
Civil Procedure Code, 1908, Order 7, Rule 11, Delhi Rent Control Act, 1958, Section 50 -- Rejection of plaint - Dismissal of application - Suit for eviction - Perusal of issues shows that there is a specific issue in respect of whether property tax is deemed to be part of rent or not - Parties stand that there is an agreement between them that house tax would be part of..........
