Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit for permanent injunction - Present suit for declaration to the effect that plaintiff is exclusive owner in possession - In the earlier suit no finding recorded regarding ownership as it was not an issue in that suit - It is a mixed question of law and fact - Plaint..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Plaintiff while closing evidence, did not reserve right to lead rebuttal evidence - He thus, not entitled to lead evidence in rebuttal - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Can be permitted to be led only with respect to issue, onus whereof was on defendants...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Affirmative evidence cannot be permitted at this stage...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment/deletion of a party - Right of plaintiff to be dominus litus is always subservient to power vested with Court to implead and delete anyone who is considered to be a necessary or proper party or not necessary or proper, as the case may be to do complete justice in the matter...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant no.1 as party - Injunction suit - Matter pertains to forest department - Control of forests vested in State Government and not defendant i.e Municipal Corporation at the time of filing of suit in the year 2018 - Plaintiff therefore, cannot be impleaded defendant as a party only because at some..........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree for possession - After passing of decree J.D. purchased shares from other co-sharers - Share of J.D./joint owner not specified on a particular portion of land in question - Objection by J.D. that decree cannot be executed till land is partitioned between joint owners - Court instead of issuing warrant of actual..........
Delhi Rent Act, 1995, Section 25B, 38, Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction petition - Ex parte decree - Appeal against - Maintainability - In eviction petition to which procedure prescribed u/s 25B of the Act applies, an appeal u/s 38 of the Act is not maintainable against an order dismissing an application U.0.9.R.13 CPC/S.25B(9) of the Act - Only..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application filed when case was fixed for arguments - Neither the grounds raised in the application fall within the purview of any of the situations U.O.7.R.11 CPC nor the application, in the facts of the case, was filed within a reasonable time in accordance with the provisions - Application rightly..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Advocate Commissioner - Cannot be appointed for ascertaining boundaries and possession in support of his case - Plaintiff has to prove his case through independent evidence - Moreover, there is no dispute with regard to boundaries or physical features - Application rightly dismissed...........
