Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution - Claim applications have to be tried like a suit U.O.21.R.58 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file afresh suit - Plaintiff sought withdrawal of suit on the ground that certain pleading has been left and material documents have also not been filed - However, such nature of defect is curable - No formal defect or sufficient ground has been established by plaintiff - Application rightly..........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Court fee - Suit for declaration, joint possession and permanent injunction - Plaintiffs on the one hand have claimed that they are in possession of suit properties and have sought injunction also - However, on the other hand they have prayed that if they are not found to be in possession, a decree of joint possession be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery suit - Suit barred u/s 446 of Companies Act - Suit was filed subsequent to the date of winding up order passed by High Court - Official Liquidator was also appointed and he had taken into his custody all the properties of company - Once liquidation proceedings are initiated against Company, no..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by law - Continuation of trial of suit when suit is barred by law and as plaint would not reveal any cause of action against defendant which is nothing but wasting the precious time of Court and all persons involved in trial - Plaint rejected...........
Stamp Act, 1899, Section 33, 35 -- Impounding of document - Unstamped agreement to sell - Plaintiff was claiming relief relying upon agreement of sale and entire suit was based upon said document for recovery of money and damages, same cannot be considered as collateral purpose - Document in question directed to be impounded and only on payment of necessary stamp duty and..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Registered partition deed was acted upon, which is admitted by defendant - However, defendant failed to prove that partition deed and both the sale deeds have been forged - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed - Mere ground or averment in the plaint that executant of a registered document was not of stable mind, cannot be a ground for cancellation of a duly registered document - No prima facie case and balance of convenience is in favour of plaintiff -..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Where there are numerous persons having same interest in one suit, one or more of such persons may with permission of Court, sue or be sued or may defend such, on behalf of or for benefit of all persons so interested...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Suit filed challenging election to office bearers of society having 219 members - Unless there is a specific bar under the statue, application U.O.1.R.8 CPC is maintainable...........
