Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Suit for declaration and permanent injunction - Cause of action for instituting suit first arose in the years 1993-94 - Period of three years reckoned therefrom would expired in the year 1996-97 - Moreover, suit is an ingenuous attempt on part of plaintiff to throw cloud on the..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration, joint possession and permanent injunction - Maintainability - Defendants acquiring estate of deceased on basis of Will executed by him - Although execution of Will has been proved by defendants no.1, but deceased could not bequeath more than 1/3rd of his share without consent of plaintiff and defendant no.4..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction on the basis of sale deeds - Sale of property by owner - Thereafter successors are left with no title - Sale of property by successors confers no title on purchaser regarding said property...........
Court Fees Act, 1870, Section 7(iv)(c) -- Valuation of suit - Suit for permanent prohibitory injunction and cancellation of documents and declaration - Defendant contended that plaintiff ought to have valued the suit on market value rather than nominal value as is done by him - Contention rejected as S.7(iv)(c) of Act gives a discretion to party to the suit to value his..........
Specific Relief Act, 1963, Section 37, 38 -- Permanent injunction - Suit based on possession - Relief of declaration of title not claimed - Suit is maintainable when there is no cloud on the title of plaintiff requiring him to file suit for declaration of title...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought to incorporate additional prayer regarding cancellation of alleged sale deed - Additional prayer is dependent upon main prayer of declaration of title - Amendment rightly allowed though filed belatedly - However, if additional prayer is..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Dismissal of application u/s 11 CPC - Issue not to be collateral or incidental - Material test to be applied is whether the Court considers the adjudication of the said issue material and essential for its decision - Whether the issue was directly and substantially involved or incidentally involved is a question of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration, permanent injunction and compensation - Matter already compromised between parties - Parties were already placed in possession of their respective allotments - Plaintiff seeking declaration in respect of mango trees standing in the land allotted to defendants, is a mixed question of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for injunction - Sought to be converted into a suit for declaration of title and recovery of possession - Amendment sought in view of denial of title and due to alleged encroachment by defendants in violation of temporary injunction - By allowing amendment nature of suit will not be altered and even..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where a competent Court in earlier suit of perpetual injunction gave a finding that a particular piece of land is a common passage, which having attained finality, said findings in the subsequent suit of declaration between same parties and regarding same subject matter is binding on parties and operates as res..........
