Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Insufficiently stamped plaint - Plaint cannot be rejected straightway on the ground that same is insufficiently stamped, as even if plaint is not sufficiently stamped, plaintiff can be required by Court to supply requisite stamp papers within a timeline...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Quashing of proceedings - Complaint/FIR/charge sheet disclosing commission of offence - Simply because there is remedy provided for breach of contract or arbitral proceedings initiated at the instance of appellant, that does not by itself clothe the Court to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition suit - Compromise decree - Objection as to inexecutability of decree - Compromise decree cannot be said to be inexecutable merely because property which came to defendant's share is possessed by some persons, who were not party to suit - Objection raised by defendant regarding executability of decree is..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 4 -- Condonation of delay - Delay of more than 9 years in filing application for restoration of suit dismissed U.O.9.R.3 CPC - Plea of immobility of predecessor-in-interest due to paralytic attack - However, they were regularly visiting Courts upto 1999 - Medical certificates produced by petitioners..........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Order 12, Rule 6, Family Courts Act, 1984 -- Petition for dissolution of marriage - O.12.R.6 CPC is applicable to proceedings before Family Courts...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission of facts - To be taken into consideration while passing judgment...........
Civil Procedure Code, 1908, Section 35B -- Non-payment of costs - Closure of evidence of defendants - Case adjourned for DWs subject to payment of costs of Rs.200/- - Cost not paid and no DW was present and defendant's evidence was closed by order - No application u/s 148 CPC filed for extension of time - Evidence of defendants rightly closed...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Eviction decree - Objection by sub-tenant/stranger - Stranger is entitled to raise his objection before he lost his possession to DH in accordance with scheme of O.21.R.97 CPC and preceding Rules thereof...........
Civil Procedure Code, 1908, Order 21, Rule 101 -- Execution - Eviction decree - Objection by sub-tenant/stranger - Stranger is claiming under JD/tenant, thus, no formal adjudication is warranted as per scheme of O.21.R.101 CPC...........
