Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Where there is controversy as to identification, location or measurement of land, local investigation should be done at an early stage so that parties are aware of report of Commissioner and go to trial prepared and object of local investigation U.O.26.R.9 CPC which cannot belittled...........
Specific Relief Act, 1963, Section 37, 38 -- Injunction - Plaintiffs specifically asserted in plaint that a notice was served upon them to vacate the possession - It shows that plaintiffs were not being dispossessed forcibly - Therefore injunction could not have been granted to the plaintiffs on the plea that a trespasser cannot be ejected from the land in his/her..........
Practice and procedure -- Jurisdiction of Court by consent of parties - Court/Authority having no jurisdiction in the matter cannot be conferred jurisdiction by parties with their consent and order passed by said Court/Authority having no jurisdiction over subject matter is a nullity in the eyes of law. Legal Services Authorities Act, 1987, S.20 - Award of Permanent Lok..........
Legal Services Authorities Act, 1987, Section 20 -- Award of Permanent Lok Adalat - Setting aside - Partition suit - Permanent Lok Adalat can only resolve dispute in relation to public utility services - Subject matter of partition suit does not relate to any public utility services over which Permanent Lok Adalat can exercise jurisdiction - Award of Permanent Lok Adalat..........
Agreement to sell -- Recovery of earnest money - Plaintiff was not ready and willing to buy the land in question on target date fixed for execution and registration of sale deed as he was not possessed with balance sale consideration - Readiness and willingness on the part of plaintiff not proved - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Partition Act, 1893, Section 3 -- Partition suit - Auction sale - Property cannot be beneficially partitioned into six equal shares and even if it is divided, its value would be diminished as per report of Advocate Commissioner - No objections were filed by any of parties regarding report of Advocate Commissioner - Auction of..........
Hindu Marriage Act, 1955, Section 13, 25 -- Divorce - Irretrievable breakdown of marriage - Keeping parties together despite irretrievable break down of marriage amounts to cruelty on both sides - Marriage between parties dissolved - Husband directed to pay Rs.10 lakhs towards permanent alimony and 10 cents of land to wife...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - It is the knowledge of date of hearing and not the knowledge of pendency of suit, which is relevant for the purpose of considering an application U.O.9.R.13 CPC to set aside an ex parte decree...........
Agreement to sell -- Specific performance - Plea of hardship - Plea was never raised specifically in written statement except mentioning that land in question was the source of livelihood of defendant - Plea of hardship at the belated stage of second appeal rejected...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff was an agriculturalist having 14-15 acres of land and earning handsomely - Not even a suggestion to contrary was put to plaintiff in his cross-examination meaning thereby admitting the same as a matter of fact - Readiness and willingness on the part of plaintiff in order to perform his part..........
