Specific Relief Act, 1963, Section 41(h), Civil Procedure Code, 1908, Order 7, Rule 11 -- Agreement to sell - Plot transferred in favour of third party on the directions of the one of the co-vendee to the agreement, without the consent of other co-vendee - Suit for declaration with consequential relief of mandatory injuction filed by co-vendee to the agreement against..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - D.H. dispossessed by defendant after getting possession of land in suit for declaration of title - Remedy lies to press into service for second execution with police for restoration of possession - Law of criminal trespass is another aid for protection in appropriate criminal proceedings against defendants..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Maintainability of suit - Preliminary issue - Suit for declaration challenging decree - Plaintiff party to previous suit - Objections to execution of decree filed by him also dismissed - There is not illegality to treat issue of maintainability as preliminary issue...........
Civil Procedure Code, 1908, Order 22, Rule 1, 3 -- Abatment of suit - Several Co-owners filed suit for declaration of title - One of the co-owner died a day prior to the filling of the suit, another co-owner died during the pendency of suit - Application to implead LR's dismissed - One of the co-owner competent to seek the declaration of title - Suit will not abate,..........
Civil Procedure Code, 1908, Section 151, Order VI, Rule 17 -- Amendment of Plaint - Application for amendment filed after framing of issues and case fixed for plaintiff evidence - Original suit filed for declaration to the effect that the plaintiff is co-owner in respect of the suit property being a co-sharer - Amendment sought that the plaintiff is the exclusive owner in..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed by wife of deceased partner claiming her own independent right as legal heir of deceased partner - Second suit by daughter of deceased partner for a declaration that she is entitled to 1/4th share of the deceased's interest in the partnership firm as legal heir and representative she also..........
Civil Procedure Code, 1908, Order 34, Limitation Act, 1963, Article 61 -- Mortgage - Purchaser of equity of redemption - Original owner mortgaged suit property and mortgagee put in possession - Original owner sold 67 cents from the suit property to plaintiff by a registered sale deed with a recital that there is a mortgage and plaintiff had thus purchased the equity of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Validity of will challenged being non est and void and ancillary relief claimed as to declaration of half share in property referred to in Will - Primary relief claimed in suit can only be granted by civil court and not by revenue court - Unless main relief is granted no other ancillary relief as claimed in the suit can be..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with permission to file fresh suit on the same cause of action - Simpliciter suit for injunction - Defendant setting up plea of exclusive possession - If permission is granted to withdraw suit and to file fresh suit for declaration and injunction right of defendant would be greatly prejudiced - Permission..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for perpetual injunction - Amendment of plaint sought to seek relief of declaration of title and recovery of possession - Amendment sought does not alter the nature of suit - Amendment allowed...........
