Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint discloses a clear cause of action, raises contentious questions of fact and seeks adjudication regarding nature, extent and legality of possession - Such issues cannot be brushed aside at the entry gate - Order rejecting plaint set aside...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Determinative test lies in whether essential legal questions are same and not simply whether the same property or parties are involved - Law does not contemplate a stay where the nature of rights asserted, causes of action invoked or reliefs sought are fundamentally distinct...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Co-sharer -- Injunction - Co-sharer in physical possession of a specific portion of joint land, whose possession is admitted, cannot be restrained from raising construction thereupon - However, any construction raised by the respondents over their exclusive portion, shall remain subject to the final outcome of the partition proceedings...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 141(1)(b) -- Imprisonment in default of security - Court is only empowered to issue a warrant against accused, but not his sureties, who are only obligated to ensure that accused keeps up with his undertaking in bond and that he is produced before Court if ordered - Only action that can be taken against sureties is to..........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Sale made without notice to judgment debtor is a nullity, as it divests judgment debtor of his right, title and interest in his property without an opportunity - Omission of service of notice on judgment debtor, would render void the action taken and the sale in pursuance thereof...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Execution - Auction sale - Setting aside - Before depriving a judgment debtor of remedy U.O.21.R.90 CPC, it must be seen whether he had notice from executing Court and still acquiesced, by taking no action before date of sale, and if so, he would then be precluded from assailing its legality or correctness thereafter...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action for the purpose of O.7.R.11 CPC has to be ascertained from the contents of plaint only...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include some properties - Plaintiff in a partition suit may not be aware of all properties sought to be partitioned of common ancestral properties and if during pendency of case, acquire such knowledge about some more properties that need to be partitioned or included..........
