Civil Procedure Code, 1908, Section 64, 47, 151, Order 21, Rule 58 -- Execution - Auction sale - Objections - Appellant purchased the property from JD having knowledge about its attachment in suit itself - Attachment thus, effected much prior to sale deed obtained by appellant - Attachment prevail over sale deed - Sale deed is void...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of ownership - Petitioner sought his impleadment on the ground that defendant no.1 has executed agreement to sell in his favour - He is not in possession of property - Plaintiffs are not seeking any right against petitioner - Petitioner is neither necessary nor proper party in the..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere existence of a civil dispute between parties would not give rise to a ground for quashing of an order summoning an accused, after taking into consideration the statements of PW1 and PW2 which made out a case for summoning applicant...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written Statement - Non filing within time - No good reason assigned for not filing written statement for more than two years after appearance in suit till matter reached the stage of judgment - Application to set aside `no written statement' order, rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Plea of res judicata cannot be decided merely on assertions made in the application seeking rejection of plaint...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Pendency of civil suit - The pendency of civil proceedings on the same subject matter, involving the same parties is no justification to quash the criminal proceedings if a prima facie case exist against the accused persons...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Pendency of civil suit - No bar exists against prosecution if the offence punishable under criminal law are made out against the parties to the civil suit...........
Evidence Act, 1872, Section 112, Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- DNA test - Paternity of child - Husband filed petition for nullity of marriage and to declare that husband is not a biological father of child - Only source available to husband to prove paternity of child is to conduct DNA test - Application allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Waqf property - Enhancement of rentals by authorities challenged - Matter which is sought to be adjudicated is cognizable by Tribunal constituted u/s 83 of Wakf Act - Civil Court jurisdiction is barred - However, Tribunal not constituted under Wakf Act - Bar of civil Court jurisdiction does not come into..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from interfering in plaintiff's ownership and possession - Plea of plaintiff that partition had taken place in the year 1970 and suit land had fallen to their share not supported by any document - However, defendants have placed on record Khasra Girdawari issued in the year..........
