Evidence Act, 1872, Section 108 -- Presumption of death - Missing person - Declaration of civil death by civil Court u/s 108 of Evidence Act would not lead to a presumption with regard to date and time of death - Said declaration is based on a statutory presumption, which comes into play only after the lapse of seven years and not prior...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Defendant being a vendee under a co-sharer can only claim possession by seeking partition of joint land - Till the defendant seeks separate possession, plaintiffs have a right to protect their possession - Defendant is not in a position to demonstrate that his vendor was in exclusive..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3, 3A -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - If compromise decree was tainted by fraud, misrepresentation or mistake then Court under its inherent powers u/s 151 CPC may rectify the decree for alterations/modification of the consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Civil Procedure Code, 1908, Order 21, Rule 58, 69, 97 -- Attachment of property - Rejection of claim or objection to attachment - Appeal thereagainst is not maintainable having regard to express provision contained in O.21.R.58(5) CPC - Remedy lies to file a suit seeking declaration of their rights in respect of property in question...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Defendant has right to file an application U.O.7.R.11(d) CPC for rejection of plaint even without filing the written statement...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering properties till disposal of main suit - Partition suit - Suit filed on basis of Will and gift deed - There is dispute regarding subsequent Will - However, with regard to first Will, all family members have got properties - As regarding gift deed,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Plaintiffs have no objection to impleadment of petitioners as defendants - Application allowed...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If claim of petitioners is without any title, in each and every case, a detailed enquiry is not required U.O.21.Rr.97, 99 CPC...........
Civil Procedure Code, 1908, Order 21, Rule 97, 99 -- Execution - Third party objections - If there is no material to show right and title, mere interest of petitioners would not suffice to maintain their objection U.O.21.R.97 CPC...........
