Civil Procedure Code, 1908, Order 37, Rule 3(5), (7) -- Summary suit - Leave to defend - Delay in applying leave to defend the suit - If sufficient cause is shown by defendant in filing application for leave to defend, Court may excuse delay in applying for leave to defend the suit as per O.37.R.3(7) CPC...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - In absence of an application supported by affidavit U.O.37.R.3(5) CPC, if written statement is filed by defendant, it cannot be taken on record...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit for recovery - Application for leave to defend the suit was not filed by defendant - But, contrary to provisions of law, written statement and affidavit was filed as of right - No triable issue was raised by defendant in trial Court - Vague and evasive explanation was given by defendant for not filing application..........
Partition suit -- Release deed executed by plaintiff - Plea that plaintiff was minor at that time - Onus was on plaintiff to prove that he was minor at the time of execution of release deed but he failed to prove his date of birth - Concurrent finding of fact that date of birth is not proved from School Leaving Certificate - Plaintiff has not pleaded any fraud and..........
Constitution of India, 1950, Article 226 -- Writ petition - Public auction of sand blocks - Appellant highest bidder and he deposited the amount - Possession of sand block not given - File for refund of money lost in transit - High Court thus, not justified in relegating appellant to file a suit - Order of High Court set aside - Respondent directed to refund entire amount..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Unwanted litigation - Government/defendants carved out a metalled road through land without either acquiring the same under the law or paying any compensation in lieu of it - Suit of plaintiffs rightly decreed by Courts below - To ensure that State and its offices are discouraged from going into such unwanted..........
Agreement to sell -- Specific performance - Plea of execution of sale agreement as security for loan advanced by defendant - Property worth Rs.50 lakhs agreed to be sold for Rs.15 lakhs - Rs.14.75 lakhs advanced on the date of execution of sale agreement - Time limit of three years fixed for payment of balance sale consideration of Rs.25,000/- - From the terms and..........
Civil Procedure Code, 1908, Order 13, Rule 8 -- Impounding of document - Deficiency of stamp duty - To be decided before proceeding further - However, in case evidence is required to determine nature of document, it is reasonable to defer admissibility of document for insufficient stamp duty at the time of final decision in the suit...........
Agreement to sell -- Specific performance - Agreement in question was executed as a security for repayment of loan - Date for execution of sale deed was extended despite plaintiff having paid more than 95% of sale consideration - Had it been true that parties actually intended to sell/purchase land and plaintiff had paid Rs.5,80,000 out of 6 lakhs without his being in..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration and possession - Suit on the basis of copy of "Adangal extract" - Entries in the revenue record do not confer title to property nor do they have any presumptive value on title - Plaintiffs are unable to support rights claimed by them by any title deed - In absence of any document of..........
