Civil Procedure Code, 1908, Order 41, Rule 27, 27aa -- Additional evidence at appellate stage - Plaintiffs filed application for taking copy of sale deed as additional evidence - However, plaintiffs no where disclosed due diligence in as much as how they came to know about sale deed and could not file the same before trial Court - No reasons whatsoever has been stated in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of limitation is a mixed question of law and fact - Same cannot be decided summarily on application preferred U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For deciding an application U.O.7.R.11 CPC, only plaint averments are to be looked into - Pleas taken by defendant in written statement are not at all relevant...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title - Plaintiff was not a party to civil suit which was decided by Lok Adalat on account of compromise - Husband of plaintiff who was party to said suit was also not alive at the time of compromise - Said award is certainly not at all binding upon her - Plaintiff rightly..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - No injunction can be granted against other co-sharers unless and until plaintiffs are proved to be in exclusive possession of suit property to ouster of other co-sharers - Ouster has to be pleaded and should depict as per prima facie material on record - Only remedy available is to file..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Barred by res judicata and O.2.R.2 CPC - Facts as well as questions in issue in second suit as also first suit are identical - First suit was dismissed after a full fledged trial and title to shares was held to be that of defendant and not of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - To verify the situation prevailing on the spot - Clearly amounts to collection of evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Applicable when following conditions are satisfied: (i) there must be a conflict of interest between co-defendants; (ii) it must be necessary to decide that conflict in order to give relief to plaintiff; (iii) question between co-defendants must have been finally decided; and (iv) co-defendants..........
Civil Procedure Code, 1908, Section 11 -- Res judicata between co-defendants - Plaintiff and defendant were co-defendants in earlier suit and were on same side of fence and had contested the suit - There was no conflict of interest inter se between them - In such circumstances principle of res judicata cannot be applied - Suit of plaintiff not barred by res judicata...........
Civil Procedure Code, 1908, Section 47 -- Objections - Execution - Suit for permanent injunction - Question of trusteeship already decided by trial Court in its findings and said findings of trial Court affirmed by Appellate Court - No further appeal preferred by JDs against it - By allowing JDs to re-open question of trusteeship by way of an application in an execution..........
