Civil Procedure Code, 1908, Order 26, Rule 10-A -- Signatures - Dispute about genuineness - Whether signatures in dispute is the signature of defendant or not has to be answered by an expert after comparing he same with the admitted signature - This question has to be scientifically analysed, examined and considered by an expert - Held, Court below was not right in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating the suit property except the plaintiff and from dispossessing plaintiff from the suit land - Held, no consideration or lesser consideration is no ground to reject the suit for specific performance - Plea of limitation is to be..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 14 -- Rejection of plaint - Partnership firm - Suit filed by firm through authorised signatory who was authorised by one of the partners to sign and verify the plaint - Held, a person duly authorised by plaintiff or defendant can sign and verify the pleadings - Plaint cannot be rejected..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating suit property or creating any charge over the same - Sale of property by father of ancestral property alleged to be without consideration and legal necessity - Vendee put in possession of suit property on the day sale was executed in his favour - Plea that..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Requirement of law is that pleadings must be concise - Defendant cannot be permitted to elaborate defence by way of amendment...........
Civil Procedure Code, 1908, Section 100 -- Plaintiff filed suit for permanent injunction against Gram Panchayat asserting his possession over suit land - Defendant took objection of lack of jurisdiction alleging that property is evacuee property vesting with custodian - Held, once the evacuee property stood vested in custodian, jurisdiction of Civil Court is barred...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff - Stay which can be granted on an application filed by a party to the suit is restricted to preventing the wasting, damaging, alienation, sale and removal of property...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Stay of dispossession of defendant by plaintiff cannot be granted in a suit filed by plaintiff U.O.39.Rr.1, 2 - Held, Court cannot grant injunction by taking recourse to S.151 CPC when application is not maintainable U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Before a decree on the basis of admission in the pleadings is passed, the admission must be made by the defendant or a party to the proceedings in an unequivocal, unambiguous manner - In other words the admission should not be vague or equivocal - Document is to be read as a whole and not to take out..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Defendant appeared - Suit dismissed in default on the next date of hearing - Suit restored - Written statement filed within 30 days of restoration of suit - Written statement cannot be refused to be taken on record on ground that the same is not filed within 30 days of appearance of defendant in the suit..........
