Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of assignee - Original plaintiff assigned his rights and interest in land in favour of assignee - Assignee thus, had a vital interest in the suit and had a right to continue suit - Issue whether original plaintiff had authorized respondent No.3 to sell land and..........
Specific Relief Act, 1963, Section 36, 37 -- Temporary injunction - S.36 of the Act provides for grant of preventive relief - As per S.37 of the Act temporary injunction in a suit shall be regulated by CPC - Plaintiff seeking temporary injunction in a suit for specific performance will have to establish strong prima facie case on basis of undisputed facts, since relief..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Plaintiff has no unqualified or unfettered right in terms of O.23.R.1 CPC to withdraw suit at appellate stage unless a very strong case is shown that it would not affect or prejudice anybody's vested rights...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit of plaintiff dismissed U.O.17.R.3 CPC - Appeal against same also dismissed - Withdrawal of suit sought at the stage of second appeal - Prejudice will certainly be caused to defendants as in the filing of fresh suit, they would be deprived of their plea of res judicata and valuable..........
Eviction -- Arrear of rent - Plaintiffs filed suit claiming possession and ejectment of defendant no.1 - Defendant no.2 claimed that he is owner in possession and he had purchased the same from `J' and plaintiffs are neither owners nor in possession over the shop which defendant purchased by virtue of sale deed - However, perusal of decree passed in favour of `J' and `R'..........
Agreement to sell -- Specific performance - Readiness and willingness - Suit property was mortgaged to education department and was redeemed by defendant later on and intimation for the same was given to plaintiff - Merely because plaintiff may not have been satisfied by intimation given by defendant regarding release of property from mortgage, it cannot be construed as..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Land in dispute is same in both previous and subsequent suit - Cause of action is also same - Previous suit was dismissed after taking evidence U.O.9.R.8 CPC, therefore, second suit is not tenable and plaint liable be rejected - Plaint rejected...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deeds is maintainable before civil Court - Suit held, not barred by S.49 of U.P Consolidation of Holdings Act...........
Joint Family Property -- Suit for cancellation of sale deeds - Father of plaintiffs along with his three sons/plaintiffs was alive on date when UP Zamindari Abolition and Land Reforms Act was notified - Joint Hindu family disintegrated after abolition of zamindari and every individual became a tenure holder in his own right - Individual bhumidhar therefore, could have..........
