Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Condonation of delay of 3330 days - Party should not suffer due to inaction on the part of advocate and that matter should be decided on merits rather than on technical ground, particularly when, despite service plaintiffs have chosen not to appear before High Court to controvert the..........
Evidence Act, 1872, Section 101, 102, 103 -- Suit for declaration of title - Burden of proof - Entire burden in a suit for declaration of title is upon plaintiff - Once plaintiff fails to discharge said burden, howsoever bad is the defence of defendants, that will not come to the aid of plaintiff...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of fact in relation to encroachment over portion of 3 inch of gali in question by defendant - Documents of sale deed of defendants himself do not support defence taken by defendant - No substantial question arises in second appeal - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Suits are for recovery of certain amount against same defendants - Though, both the suits were filed by two different firms but proprietor of both the firms is same person - Defence taken by defendants is also identical in both the suits - There is substantial similarity of issues arising for decision..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicant claims his possession over property as its owner on basis of sale deed executed in his favour by defendant no.1 - Adjudication of dispute/controversy between plaintiffs and defendants qua right, title or interest in this property would directly affect rights..........
Evidence Act, 1872, Section 3 -- Document - Genuineness of document has to be proved by plaintiff who relies upon document and thereafter it is for defendants to dislodge the credibility of document as fake, sham and bogus document...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent, to address at Chennai, received back as `Unclaimed' as defendants are staying in USA - Court ordered substituted service by newspaper publication - Defendants deposited entire decretal amount to show their bona fides - One opportunity must be given to defendants to defend suit -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-sharer - Plaintiffs able to demonstrate their possession - Defendants cannot be permitted to claim denial of right to the co-sharer to enter into land especially when such co-sharer is already in possession of land to the extent of his share - Order of Appellate Court granting ad interim..........
Hindu Succession Act, 1956, Section 15 -- Property of female Hindu dying intestate - Husband of female/plaintiff died intestate in the year 1965 - Succession opened for the first time in the year 1965 and plaintiff being widow and her daughter would get one half share each in suit property - Son was adopted by plaintiff in the year 1973 and plaintiff died in the year 2013..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Non payment of part of sale price - Validity of sale deed - Payment of entire consideration was a condition precedent for transfer of proprietary rights in the suit property - This fact is clearly discernible from the recitals in Clause No.10 & 13 of sale deed - Execution of sale deed and its registration has not..........
