Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Plaintiff failed to file any document such as a lease deed, rent agreement or any contemporaneous written acknowledgement to establish even a prima facie contractual tenancy - Mere production of a single entry from statement of accounts is insufficient to justify directing defendant..........
Civil Procedure Code, 1908, Order 39, Rule 10 -- Deposit of rent in Court - Eviction suit - Parties are not ad idem on even foundational facts necessary to invoke O.39.R.10 CPC - Provision can be applied only where defendant admits either relationship or liability to pay a particular amount - However, there is no such admission and rather very nature of transaction,..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for declaration that plaintiffs are owners in possession of land and any change in revenue record by consolidation officer vide mutation on the basis of tenancy is illegal and null and void and not binding upon plaintiff - Consolidation Officer had jurisdiction to order correction in revenue..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10 CPC authorizes Court to add any party to suit at any stage of proceedings, whose presence is found necessary, in order to enable Court to effectively and completely adjudicate the issue involved...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction simplicitor - Petitioners are mother and sister of defendant and they are claiming possession over suit land through defendants - However, according to plaintiffs, defendant are only persons who are disturbing possession of plaintiffs over suit land - Petitioners who do..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for permanent injunction cannot be maintained without a proper and identifiable description of immovable property, including boundaries or a map/sketch, as mandated U.O.7.R.3 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of document - Application for production of document neither accompanied by an affidavit nor any worthwhile reasoning has been given as to what prevented State to place said document on record for about 12 years - Trial was protracted on account of such lapses - However, evidence has not yet concluded - Document..........
Civil Procedure Code, 1908, Section 64 -- Private alienation of property after attachment is void - Where there is a private transfer or delivery of property attached in pursuance of any agreement of sale which was entered into and registered before attachment, S.64(1) CPC would not be attracted, which makes private alienation of property after attachment to be void...........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Second petition U.O.21.R.58 CPC - First petition U.O.21.R.58 CPC was rejected - Second petition filed for same relief by same petitioner not maintainable, simply because after dismissal of first petition petitioner not challenged the order passed in said first petition - Order rejecting second petition cannot be said to be..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 2A -- Status quo order - Disobedience - Petitioner failed to prove by leading any convincing evidence that construction was raised by respondents after passing of order of status quo - There is thus, no violation of status quo order - Application rightly dismissed...........
