Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiffs pleaded oral family arrangement - However, respondent who is one of legal heirs of deceased would submit that Family Arrangement Deed is a fraudulently created document - She is thus, a necessary and proper party in the suit - Unless respondent is impleaded as a party in..........
Agreement to sell -- Specific performance - Agreement executed between parties and Rs.2 lacs was paid as advance by plaintiff to defendants, is proved by PW1 and PW2 by way of oral evidence and same has also been proved by endorsement of defendants at the back first page of agreement - Legal notice was also sent by plaintiff to defendant to execute the sale deed -..........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Order of dismissal of a suit will be a decree, provided conditions in S.2(2) CPC are satisfied...........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Recovery suit - Defendant denied execution of promissory note and also denied his signature on promissory note - Comparison of admitted signatures of defendant with signature on promissory note shows that defendant signed on suit pronote and there is similarity in signatures - Evidence of plaintiff and..........
Will -- Proof - Will was attested by two attesting witnesses who had died when suit was tried - Signatures of two attesting witnesses were proved by their sons - Scribe also deposed as DW3 - Will is a registered Will - No suspicious circumstances surrounding the Will have been made out to discard the same - Will is proved...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for joint possession and permanent injunction - Plaintiffs have not been able to prove that suit properties were ancestral property - No documentary evidence has been pointed out to show that suit properties were coming through four male lineal descendants - Plaintiff has not been able to show how khasra..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit for permanent injunction, plaintiff has to make out and establish his possession...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff had been unable to prove his exclusive possession over suit property - Another co-sharer had earlier filed a similar suit against defendant which was withdrawn which fact was not disclosed by plaintiff - Apart from oral testimonies, plaintiff could not establish from any cogent documentary evidence..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - When Court finds that in absence of persons sought to be impleaded as a party to suit, controversy raised in suit cannot be effectively and completely settled, Court would do justice by impleading such persons...........
