Consent decree -- Consent decree in favour of sister's son -Challenged in the suit - Maternal Aunt having husband and two sons - No family settlement established or proved by evidence - Sister's son has not antecedent title, claim or interest in property of maternal Aunt - Consent decree not based upon family settlement - Set aside...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Execution - Third party who is resisting and or obstructing the execution of decree can also seek adjudication of his claim and rights by making an application to avoid multiplicity of proceedings...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 7, Rule 7 -- Subsequent events - Moulding of relief - Suit for permanent injunction restraining defendants from demolishing chubaches and filling up the well - Trial Court found that defendants demolished chubaches and filled up the well after filing of suit - Dismissed suit for want of amendment..........
Hindu Marriage Act, 1955, Section 5, 11, 12 -- Void and voidable marriage - Husband already married at the time of marriage with appellant - Court decreed suit of appellant by declaring the marriage null and void u/s 5(1) r/w S.11 of the act - This marriage cannot be termed as a marriage fraudulently conducted - Decree u/s 12(1)(c) of the Act cannot be passed...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Suit decreed with an adverse finding - No appeal can be filed by the decree holder for challenging such a finding - Only remedy to that party is to challenge the adverse finding by way of cross objections whenever other party files an appeal challenging the decree - Appeal not maintainable...........
Transfer of Property Act, 1882, Section 106 -- Civil Court decree of possession - Where there is month to month tenancy and tenancy has been terminated by a legal notice u/s 106 of the Act and tenant is paying rent over Rs.3500/- per month - Civil Court can pass a decree of possession...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3-A, 3-B -- Compromise decree - Not signed by all the parties - Same not lawful or valid - Compromise decree on that basis cannot be passed - Rights of defendant No.2 were in issue and in absence of his signing the compromise, no valid decree could have been passed on the basis of such compromise...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser lis pendence without leave of the Court - Not a bonafide purchaser - Has no locus standi to file an application for setting aside the order and to become a party in the appeal as by that time, not only the appeal was..........
Court Fees Act, 1870, Section 7(iv)(d) -- Damages cannot be granted without payment of Court fee - In a case where damages are required to be calculated, a fixed court fee is to be paid but on the quantum determined by the Court, balance court fee is to be paid when a final decree is prepared...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Mesne profit - Damages - Plaintiff did not pray for payment of mesne profit - If the plaintiff was to ask for a decree, he was required to pay requisite court fees on the amount claimed - Having omitted to make any claim for damages, the plaintiff cannot be permitted to get the same indirectly...........
