Civil Procedure Code, 1908, Section 151 -- Additional evidence - After closure of evidence of defendants - Once defendants claimed execution of receipt in written statement, onus to prove the same was on defendants - Plaintiff had every right to lead evidence in rebuttal as regards non-execution of receipt - However, since no right had been reserved nor was there any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Interim relief can always be granted in the aid of and as ancillary to main relief available to party on final determination of his rights in a suit or any other proceeding...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining wife from solemnizing second marriage - Order granting injunction, upheld...........
Civil Procedure Code, 1908, Order 37, Rule 3(4)(5) -- Summary suit - Defendant cannot be permitted to file reply or defence in a summary suit without leave of Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Properties in question are prima-facie residential, commercial and industrial property as such, on the ground that some of disputed property is agricultural, whole plaint cannot be rejected U.O.7.R.11 CPC - Impugned order rejecting plaint, set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11, Family Courts Act, 1984, Section 7(1)(c) -- Rejection of plaint - Jurisdiction of Family Court - Suit for declaration between parties to marriage - Husband seeks declaration that property is his property - Wife stated that property was purchased for her benefit - Subject matter of suit arose out of marital relationship of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Former suit is protection against eviction while subsequent suit is for declaration of title - Provisions in S.10 CPC not applicable...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier writ petition was withdrawn in view of undertaking that auction shall take place in accordance with terms and conditions of lease which was not done so, as such there arose a fresh cause of action - Principle of res judicata does not apply - High Court erred in dismissing Writ Petition on the ground that the..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife stated that she came to know the pendency of divorce petition through paper publication and she had attended the Court on 22.07.2022, but was unable to follow proceedings - It was only thereafter, she became aware that an ex parte decree had been passed - Court finds no material..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Eviction suit - Defendants had evaded to pay rent for rented premises since June 2013 to landlord so, this fact itself create cause of action - Fact that plaintiff holding title of ownership or not is the matter require deep evaluation by further evidence which will have to be adjudicated at the..........
