Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Mere filing of appeal does not operate as stay of execution - Appellate Court can grant stay of execution for sufficient cause and that if stay is not granted party will suffer substantial loss - Stay can be granted when application is filed without unreasonable delay and security is..........
Civil Procedure Code, 1908, Order 41, Rule 5 -- Stay of execution by Appellate Court - Decree for declaration of title and recovery of possession - Dispossession during pendency of appeal of a party in possession is generally to be substantial loss to party applying for such stay - Application for stay of execution rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint alone are required to examined while considering application U.O.7.R.11 CPC - Neither defence nor evidence comes into play at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b) -- Rejection of plaint - Contents of plaint does not disclose that suit is barred by limitation - Lack of specific date of knowledge does not disentitle plaintiff to an opportunity to prove his case - It cannot be said that plaintiff has not disclosed date, month or year of crucial events - Plaint cannot be rejected -..........
Practice and Procedure -- Civil cases are decided on basis of preponderance of probabilities...........
Hindu Marriage Act, 1955, Section 13, Civil Procedure Code, 1908, Section 11 -- Divorce - Earlier divorce petition dismissed in default - Does not operate as res judicata...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Judicial biasness - It is considered as one of grounds for seeking transfer of case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Mere apprehension of a litigant that he will not get justice from a Court, does not justify transfer of a case, as requirement of S.24 CPC will not be met in such a case - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for claiming prescriptive right over a way - For claiming prescriptive right of easement, servient heritage over which claim is raised should be specifically and separately scheduled in the plaint so as to grant a decree in accordance with mandate U.O.7.R.3 CPC...........
