Civil Procedure Code, 1908, Section 10 -- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same parties nor regarding same..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration & injunction - Identities of plots in question are not in dispute - Suit property was already demarcated by Tehsildar in presence of both the parties - Moreover, both the parties claimed their right, title and interest over different plots - Application rightly rejected...........
Specific Relief Act, 1963, Section 37, 38 -- Permanent prohibitory injunction - No case made out by plaintiff that defendants were attempting to cause damage or mischief to property - Lower Court granted the relief without any plea of foundational facts in plaint - Moreover, Court also granted a decree of declaration of appellant's 1/5th right over property without asking..........
Specific Relief Act, 1963, Section 34, 37, 38 -- Suit for declaration and permanent injunction - No decree in favour of appellants about which they had filed the suit on ground of adverse possession - If objection had been filed under O.21 R.97 CPC, decision would be appealable - The objections have been raised by third party u/s 47 of CPC which has been dismissed by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 - Amendment would change the nature..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Plaintiff contended that he is in continuous possession of suit property since 1976 but failed to mention the date of dispossession - In such circumstance, it is not possible to examine..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Limitation - Suit for partition, declaration & permanent injunction - Plaintiff at his own willingness has transferred entire rights in the name of defendant No.1 by executing relinquishment deed - Plaintiff had full knowledge about purchase of property by defendant Nos.5 to 7 from defendant No.1 as he..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration & injunction - Maintainability - Plaintiff sought declaration that she is entitled to insurance amount of deceased `S' being his widow - Officers of LIC and MPEB being necessary party not implead in suit, which made the relief sought by plaintiff as futile in nature - Plea of plaintiff that after getting..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration & injunction - Objection regarding maintainability of suit - Merely because such objections were not raised before trial Court, same cannot be discarded as these objections are legal objections which can be raised even in first appeal...........
Civil Procedure Code, 1908, Section 151 -- Police help - Implementation of injunction order - Police help can be granted in deserving and appropriate cases u/s 151 of the Code - Filing of a suit for declaration and injunction by defendants, in the absence of any order therein, cannot be a ground for denying any relief in favour of plaintiff...........
