Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Obstructer who seeks to resist execution of a decree must demonstrate an independent right, title or interest in the property that is subject matter of decree - Claim of such a third party can only be adjudicated if title asserted is shown to be superior or at least independent of title..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors are not asserting any independent title rather they are admittedly tracing their right and title through their vendor - However, title of vendor is negated judicially - Objectors therefore, steps into the shoes of a person whose claim to title was already judicially negated -..........
Civil Procedure Code, 1908, Order 8, Rule 6C, Commercial Courts Act, 2016, Section 12A -- Counter claim - Rejection of counter claim sought on the ground that pre-institution mediation has not taken place qua counter claim - Both the parties have already meditated and have failed in such mediation - Once pre-institution mediation has happened, when plaintiff wanted to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of ownership - Petitioner sought his impleadment on the ground that defendant no.1 has executed agreement to sell in his favour - He is not in possession of property - Plaintiffs are not seeking any right against petitioner - Petitioner is neither necessary nor proper party in the..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(4) -- Secured asset - Tenant in secured asset - Respondent claimed he was a tenant in the secured asset from 1987 - However, he was unable to place on record any rent receipt, tax receipt or electricity bill evidencing continued occupation of premises prior to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Suit for recovery of money for damages - Damages fastened on defendants on the ground that their omissions and commissions have caused damages to building of plaintiff rendering the same uninhabitable - Said finding is based upon report of an expert, prepared and issued by a private..........
Return of gold ornaments -- Entrustment of 53 sovereigns of gold by wife to respondents for safe keeping - Due to domestic and informal nature of such transactions, she would not be in a position to produce documents or independent witnesses to prove entrustment - Court has to adopt a pragmatic approach and decide the issue of entrustment on the principle of preponderance..........
Hindu Marriage Act, 1955, Section 13(1)(i) -- Divorce - Adultery - No independent witness came forward in the case to support the factum of illegal relationship of wife with respondent no.2 - All the PWs are family members of husband - Even, husband failed to brought on record any proof regarding illicit relationship of wife - In order to make a legal ground in divorce..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of Civil Court - Partition suit based on terms of Foreign Court Judgment - Suit is not for enforcement of divorce decree granted by Foreign Court, but is a suit for partition wherein respondent/wife asserts her rights over certain properties on basis of mutual agreement and..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Prima facie respondent/wife has put forth bundle of material facts in plaint in support of her relief for division of properties and therefore, wife established cause of action for filing the suit - Cause of action pleaded by wife in plaint is not solely based on judgment passed by..........
