Evidence Act, 1872, Section 17 -- Admission - Recovery suit - Defendant has categorically and specifically admitted in his evidence that he used to put his signatures on plaintiff's Bahi after accounting and accepting entries therein to be correct - In view of unambiguous admission of defendant, entries reflecting payments due from defendant stood proved - Thus, in view of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Additional/alternate prayer - Suit for declaration of ownership - Amendment sought to incorporate prayer of joint possession in the alternate - Said amendment is necessarily required to be allowed - Petitioner should be permitted to make an additional/alternate prayer, as the case of petitioner should..........
Specific Relief Act, 1963, Section 31 -- Suit for cancellation of sale deed - Without claiming relief of possession - Non-suiting plaintiff on the ground that relief of possession was not claimed, though it was neither factual nor a legal necessity, would be wholly unjust and unfair to a plaintiff who succeeded to establish title in his favour arising out of cancellation..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where a person is challenging sale deed and is not a executant of sale deed and is not seeking possession, then he is not required to pay ad valorem Court fee ...........
Hindu Law -- Ancestral property - Once property had been received by way of testamentary succession and not by way of inheritance, suit property could not be said to be ancestral/joint Hindu Family coparcenary property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding an application for interim relief there was no occasion for High Court to consider the documents - Legality, validity, and admissibility of those documents were matters to be considered in the suit during trial...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Order refusing to grant injunction - High Court against order of Trial Court refusing to grant injunction pending disposal of suit, could not have dismissed substantive portion of suit itself and direct that remaining part of suit be agitated in a suit filed by defendant - Approach adopted by High Court is completely..........
Civil Procedure Code, 1908, Order 7, Rule 11, Arbitration and Conciliation Act, 1996, Section 34, Limitation Act, 1963, Article 18 -- Rejection of suit - Limitation - For Art.18 of Limitation Act to apply the acknowledgment of liability must be within the period of limitation - The acknowledgment of liability having been made beyond the stipulated period of limitation..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit - Notice to defendant - It is necessary for Court to issue notice to defendants when application is filed for restoration of suit and after hearing them to pass necessary orders on application for restoration petition...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo on spot viz. possession - Such order does not put any fetters upon parties to raise construction on the suit property - There is no need for any party to seek permission of Court for raising construction over portion of suit property which was in their possession -..........
