Civil Procedure Code, 1908, Order 1, Rule 10 -- Proforma defendant - Can be transposed as plaintiff - Courts can always transpose a defendant as a plaintiff and can grant decree in its favour to avoid multiplicity of litigation and to do complete justice between the parties...........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Appointment of receiver - Suit for declaration regarding ownership - Plaintiff's claim that she is owner of suit property and defendants are rank trespassers - No document of title in favour of defendant - Defendant alleged secured power of attorney - Are also in possession of certain signed documents of predecessor in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre-mature suit - Plaint if disclosing cause of action suit not to be dismissed necessarily for such reason - Court to examine whether any irreparable prejudice was caused to the defendant on account of suit being pre mature and whether by granting relief in such suit a manifest injustice could be caused to the defendant -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Pre mature suit - Defendant should promptly raise objection and Court to promptly dispose of such a plea...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Admission - If there is an admission on behalf of the defendant or an admission can be inferred from the facts and circumstances of the case without any dispute then in order to expedite and dispose of the matter such admission can be acted upon...........
Evidence Act, 1872, Section 65 -- Secondary evidence - For the document 'Endorsement of redemption of mortgage' - Plaintiffs case that original mortgage deed is lying with the defendant and defendant saying that original mortgage deed is lying with the plaintiff - Held, trial Court rightly permitted defendant to produce secondary evidence for the document 'endorsement of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Service of summons by registered post - No mention therein as to when it was served - There is one signature on A.D. but name is not clear - Defendant denied signatures to be his or his family members in his deposition - Service not proved - Exparte decree set aside...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Trade Mark - Prior user - Plaintiff using mark `Malikchand' but not much publicized - At a subsequent point of time defendant started use of mark `Malikchand' in a large scale - At relevant time, neither party had a registered trade mark for the respective marks claimed by them - A number of cases..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Eviction suit - Failure of defendant to produce evidence - Court proceeded and decided the suit after detailed discussion - Application for setting aside decree - Failure to deposit decreetal amount as required under law - Provision for setting aside, therefore, is not applicable...........
Specific Relief Act, 1963, Section 34, 37, 38 -- Allotment of plot - Price was tentative - Demand of additional price - Additional price could be demanded in case there was enhancement in the cost of land awarded by competent authority under the Land Acquisition Act - No evidence led by defendant that increase in the cost of land is necessitated because of enhancement of..........
