Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Explanation IV - Earlier suit for permanent injunction restraining defendant from alienating suit property - Subsequent suit for specific performance of agreement to sell - Earlier suit not based on cause of action of specific performance because such a relief not available to plaintiff at the time of earlier suit..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote and receipt - Execution duly proved - There is presumption of consideration passed on to defendant at the time of execution of pronote and receipt...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Restoration of suit - Defendant sick on date fixed for hearing - Medical certificate produced - It is illegal on part of trial Court to hold application as not bona fide - Application allowed on payment of Rs.1, 000/- as costs...........
Civil Procedure Code, 1908, Order 22, Rule 2, 4, 6, 11 -- Death of one of defendant during pendency of appeal against decree in partition suit - When right to appeal survives on death of one of several defendants, but his L.R's not brought on record within period of limitation, appeal abates - Judgment pronounced by first Appellate Court when appeal had abated, is of no..........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Execution - Contention of defendant that he had only signed on the stamp and rest of the document was blank - Such an admission cannot be construed as an admission of execution of the pronote...........
Negotiable Instruments Act, 1881, Section 118 -- Pronote - Consideration - If execution is proved there is presumption of consideration - Scribe of pronote in his evidence stated that defendant was not present when he filled up the blank pronote and no consideration was paid in his presence - Attesting witnesses not examined - Held, plaintiff has failed to prove the case..........
Evidence Act, 1872, Section 137 -- Co-defendant - Cross examination - Condition precedent for giving an opportunity to cross examine co-defendant is that there exists a conflict of interest between them and if there is no conflict of interest then such an opportunity need not be given...........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Injunction - Violation - By a person not party to the suit - A person knowing full well that an injunction order is passed against the defendant and still violates the injunction order irrespective of fact whether he is a party to the injunction or not and commits violation of the order, is required to face the consequences..........
Civil Procedure Code, 1908, Order 41, Rule 22, 33 -- Appeal by defendant - Plaintiff not filing any cross appeal or cross objections - Appellate Court cannot pass a decree which is to the prejudice of the appellant-defendant and to the advantage of the respondent-plaintiff...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- as amended and Explanation as inserted by Act 104 of 1976 - Power of Appellate Court to interfere with and reverse or modify decree appealed against in absence of any cross-appeal or cross-objection by respondent - Suit for specific performance of agreement to sell in which plaintiff claimed refund of money in lieu of/in..........
