Partnership Act, 1932, Section 69 -- Unregistered partnership firm - Suit by - Registration of firm during pendency of suit - Bar under S.69 does not apply...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Non impleading of L.R's of a defendant who died during pendency of suit - Effect - Suit for possession of seven rooms - It was specifically mentioned in plaint as to which room is in possession of which defendant - If the interest of the co-defendants are separate, as in case of co-owners, the suit will abate only as regards..........
Civil Procedure Code, 1908, Order 2, Rule 2, 4 -- Recovery of possession of immovable property - suit for recovery of mesne profit - Both distinct suit - Cause of action for recovery of possession of immovable property and for recovery of manse profits - Is distinct and different - Therefore separate suit for recovery of manse profits that accrued during pendency of..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Suit for declaration and possession - Plaintiff died pendency of same - Documents filed by legal representatives showing that they got name transferred and continued to pay tax in respect of suit property - Cannot be said to be irrelevant or inadmissible even without marking same - Rejection of said documents on ground that..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Payments made during pendency of suit and/or execution proceedings - Adjustment - Provision of O.21.R.97 CPC cannot be invoked to make such an application...........
Limitation Act, 1963, Article 136 -- Execution - Limitation - 12 years - Computation - Period during which D.H. was restrained from executing decree to be excluded - When such suit is dismissed for default and the suit is restored then all interlocutory orders passed therein also revive - The period of pendency of suit till it was finally decided is to be excluded in..........
Civil Procedure Code, 1908, Section 10, 151, Order 35, Rule 5 -- Eviction petition - Stay of - During pendency of interpleader suit - A tenant cannot institute interpleader suit against his landlord - Suit for eviction cannot be stayed on filing of a interpleader suit seeking declaration as to who is the owner/landlord of the suit premises and as to whom rent is required..........
Civil Procedure Code, 1908, Order 11, Rule 12, 14 -- Production of documents - Can be allowed to be produced at any time (stage) during the pendency of suit if the document is in possession or power of the party against whom the order is made and secondly the documents must relate to the matter in question in the suit...........
Transfer of Property Act, 1882, Section 106, 113 -- Waiver of notice - Suit for recovery of arrears of rent and for possession filed by landlord after determination of tenancy by quit notice - Money order sent by tenant during pendency of suit without indicating any period for which money order was sent - Appropriation by landlord towards arrears of rent would not..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution of decree - Removal of obstruction coming in the way of DH - Decree for delivery of vacant possession - Decree-holder is entitled to get vacant possession, after removal of any construction or structures put up during pendency of suit...........
