Plot allotment -- Cancellation of allotment of plot for the reason that wife of plaintiff was allotted a plot earlier in point of time but still plaintiff filed an affidavit not disclosing allotment of such plot to his spouse - It was violation of terms and conditions of allotment - Suit challenging cancellation of plot dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Application U.O.7.R.10 CPC - Maintainability - Defendant pleaded that suit as framed being barred under Companies Act and proceedings ought to have been filed before NCLT - Since NCLT is not a Court as contemplated U.O.7.R.10 or O.7.R.10-A CPC, application U.O.7.R.10 CPC not maintainable - Application rightly rejected...........
Limitation Act, 1963, Article 1 -- Limitation - Suit for recovery of money - Parties had agreed and proceeded with two independent transactions leading to two independent obligations i.e one being obligation on part of plaintiff to pay rent to defendant and other being obligation on part of defendants to repay the loan to plaintiff - Art.1 of Scheduled to Limitation Act..........
Evidence Act, 1872, Section 112, 45 -- DNA test - Paternity - Child filed a suit for declaration that she is born from the relationship of defendant Nos.1 and 2 - Defendant No.1 not refused to undergo DNA test - Defendant No.1 directed to undergo DNA test...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Petitioner filed an application for impleadment, as his easementary rights are being affected - However, easementary right is independent right and same are not a subject matter of suit - Therefore, in case petitioner want to pursue the same, they are always free to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of transferee pendente lite - Petitioner is not a bona fide purchaser, FIR has been lodged against him - He was aware of matter being sub judice along with respondent No.4 who is actually defending the civil suit filed against her and is duly served - Impleadment application rightly dismissed...........
Registration Act, 1908, Section 49 -- Proviso - Scope - S.49 Proviso of the Act can only be invoked in cases of suit filed for specific performance and not in the suit in nature of declaration, permanent injunction and cancellation of sale deed, as same is not a collateral transaction...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 2, Rule 2 -- Amendment of plaint - Amendment barred U.O.2.R.2 CPC as suit filed by plaintiff did not include the whole claim - Rejection of application, calls for no interference...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration of title - Cause of action lastly arose in 1997 and suit was filed in 2001 - Suit of present nature has to be filed within 12 years in terms of Art.65 of the Act - Even, if it is seen that plaintiff had got knowledge of construction of wall in the year 1990, then also period of limitation for institution..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was incarcerated in jail and could not attend the civil suit proceedings - If it was felt that application for setting aside ex parte decree is filed belatedly, Court could have given an opportunity to defendant to file an application for condonation of delay and costs could have..........
