Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed and permanent injunction - Nothing in plaint to draw an inference that prior to 20.2.2022, plaintiff was aware of execution of sale deed by his father in favour of defendant - Suit filed in the year 2022 not barred by limitation...........
Court Fees Act, 1870, Section 7(IVA) -- Court fee - Suit for cancellation of registered sale deed - Property in question is agricultural land - If any deed of transfer has been executed and registered in respect of an agricultural land a suit for cancellation of such instrument is filed, it will be valued on basis of land revenue and not on basis of consideration money or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of registered sale deed - Plaintiff by way of amendment proposed to value the suit and proposed to pay Court fee - If the amendment is allowed wrong committed by counsel of plaintiff and Court would also be rectified - By way of proposed amendment nature of suit, cause of action or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for cancellation of sale deed executed by plaintiff in favour of defendant - Sale deed in question speaks about payment of entire consideration money at the time of its execution and title and possession passed to purchaser soon on registration of sale deed - Cheques mentioned in sale deed were..........
Transfer of Property Act, 1882, Section 54 -- Sale deed - Cancellation of sale deed on the ground that plaintiff was ill and undue influence was exercised by defendant - Plaintiff was not proved to be ill on the date of execution of sale deed as alleged - Doctors who had given prescriptions were never produced - None of brother of plaintiff had come in the witness box to..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cancellation of sale deed on ground of fraud and misrepresentation - Suit filed after a period of 10 years from the date of execution of registered sale deed - Nothing has been mentioned on which date and how plaintiff had the knowledge that document was obtained by fraud and/or misrepresentation -..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and cancellation of sale deed - Plaintiff on the date of institution of civil suit was not recorded in revenue records rather defendant was recorded in revenue records - Civil suit for permanent..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction - Second suit for cancellation of sale deed alleging it to be void - Propriety of sale deed not challenged in the earlier suit though it was alleged that sale deed is a void document - There is absolute relinquishment of right on part of plaintiff to put a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of specific performance - Amendment sought by plaintiffs not barred by limitation, as when plaintiffs came to know about sale of suit property they filed suit in 2009 and application filed in 2012 is within three years of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for cancellation of Will and sale deed - Petitioner is not a party to either of document challenged in suit - He claimed that he purchased a part of property through an agreement from one `A' who in turn is also stated to have entered into an agreement to sell with erstwhile owner of..........
