Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act - Plaintiff was in possession of property before purchase of property by both defendants - She was dispossessed without any process of law - Therefore, when plaintiff who was in settled possession of property was dispossessed by defendants without any process of law, plaintiff is certainly entitled to..........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act - Defendant when does not establish dispossession by lawful means, it has to be held that such dispossession is against due process of law...........
Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Article 110 -- Right of daughter - Partition suit - Limitation - Daughter who got married 50 years ago, was never in joint possession after her marriage - Right of daughter to sue for partition accrues only on 09.09.2005 - Suit for partition ought to have filed within 12 years - However, partition suit filed in..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration that partition deed is null and void - Relief to declare partition deed dated 02.03.2016 sought in the year 18.3.2019 - Suit is barred by limitation being filed after expiry of three years period...........
Specific Relief Act, 1963, Section 38 -- Suit for bare injunction - When plaintiff is in possession of suit property on the date of filing of suit, other than issue regarding possession in a suit for permanent injunction, Court cannot touch upon title issue - Suit rightly decreed on basis of oral and documentary evidence placed on record...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Barred by limitation - Counter claim has been filed for cause of action arose much before filing of suit but knowledge of defendant accrues from plaint itself - Trial Court accepted written statement but on account of deficient Court fees permitted defendant to pay deficit Court fees and allowed prayer of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Final decree - Partition suit - Appellant already filed a memo of instructions to allot his 7/30 share with plaintiffs share in "A" schedule property along with his mother and one of sisters - He has not raised any objection during final decree proceedings nor he preferred any appeal challenging final decree..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17, 19, Civil Procedure Code, 1908, Order 29, Rule 2(b) -- Service of summons - Suit against company - Summons may be served by leaving it or sending it by post address to the Corporation at the registered office or if there is no registered office, then at the place where Corporation..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Even in a pending suit if similar nature of petition is being filed, which has already been decided earlier, principle of res judicata is attracted...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subsequent suit can be stayed if the matter in issue is same or substantially same in both the suits...........
