Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for partition - Whether barred by O.2.R.2 CPC - Suit for partition with respect to joint property is based on continuing cause of action - Even though cause of action in instant suit is not as that in previous suit - Suit for partition not barred by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Once the First Appellate Court allowed the application U.41.R.27 CPC and took on record the additional evidence, it rightly set aside the judgment of trial Court giving liberty to parties to lead additional evidence in support of their case, which in turn, enabled the trial Court to decide the civil suit afresh on..........
Civil Procedure Code, 1908, Order 41, Rule 20(2), Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Appeal - Impleadment of a party - Petitioners as pro forma defendants failed to file written statement and proceeded ex parte in title suit - They never tried to recall ex parte order passed against them - Rather, application U.O.1.R.10(2) CPC was filed by petitioners twice..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to introduce counter claim - Suit for partition and permanent injunction - Application seeking to introduce counter claim after closure of plaintiffs evidence - Moreover, cause of action, accrued to defendants after delivery of their defence - Thus,..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Right of legal representative already impleaded as party to the suit - Deceased-defendant, his wife and son were already party to the suit and had filed their respective written statement - After evidence of deceased-defendant was closed, he died - Wife has no right to ignore the written statement filed by her and get grant..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Courts below concurrently decreed the plaintiff's suit by recording all the findings of fact against defendant - Said findings were neither against the pleadings nor evidence and nor against any provisions of law - Question which was formulated by High Court did not involve any question of law..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Second appeal decided on the assumption that suit is for grant of permanent injunction simpliciter - However, reading of the plaint as a whole shows that issue of title is not wholly foreign to the controversy and is relevant while considering the grant of permanent injunction -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Eviction suit - Suit filed to claim eviction from any accommodation is a suit of "civil nature" - Civil Court is competent to take cognizance of such suit unless its jurisdiction is expressly or impliedly barred by virtue of any special enactment...........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Industrial Housing Act, 1955, Section 13 -- Jurisdiction of civil Court - S.13 of Act of 1955 only restricts the rights of worker/person in approaching the Courts to question the legality of action taken under the Act - Said provision does not oust jurisdiction of Civil Court to try eviction suit filed by employer under..........
Tenancy agreement between employer and employee -- Appellant allotted quarters to their workers for their use and occupation, who were in employment - Contractual relationship between appellant and allottee-worker in relation to quarter for deciding their inter se rights had come into existence - It can be construed as tenancy agreement between parties - Appellant..........
