Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10 -- Abatement of appeal - Partition suit - Once a preliminary decree is passed in a partition suit and plaintiff dies after passing of said decree, provisions of O.22.R.3, 4 CPC does not apply to any appeal - It is O.22.R.10 CPC which applies...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Partition suit - Gift deed executed in favour of defendants is a registered document and was executed by deceased in respect of his self acquired property - Two attesting witnesses proved the gift deed - Findings of lower Appellate Court reversing the decree passed by trial Court on the ground that gift deed was..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Permissible when cause of action accrued before institution of suit or before filing of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for declaration - Defendant No.1 by way of counter claim only tried to seek relief in respect of suit property to which it had not only objected to plaintiff's cause of action but also claimed its own right, title, ownership and possession in the written statement - Subsequent event that have occurred..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - For attracting a bar of provision of O.2.R.2 CPC, Court in which earlier proceedings were initiated ought to have jurisdiction to entertain subsequent proceedings - If earlier Court had no jurisdiction to try the claim as made in subsequent suit, bar U.O.2.R.2 CPC would not apply...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent and mandatory injunction filed before Civil Court having no jurisdiction, as suit could be tried only by Small Causes Court - Subsequent suit filed before Court of Small Causes based on the same cause of action as earlier suit, held, not barred by O.2.R.2 CPC - Even otherwise..........
Evidence Act, 1872, Section 115 -- Estoppel - Approbate and reprobate - Defendant raised an objection in earlier suit as to jurisdiction of civil Court and that suit could be tried only by Small Causes Court - When plaintiff filed suit before Small Causes Court, defendant took the stand that subsequent suit was barred U.O.2.R.2 CPC - Having raised the objection as to..........
Civil Procedure Code, 1908, Order 1, Rule 1, 3 -- Joint trial - Issues intricately connected - Even if, the reliefs sought for are different, if the issues framed in one suit would come ancillary or corollary to the issue framed in the other suit, certainly, both issues must be tried together - Otherwise, if the main issue framed in one suit is determined earlier, the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Documentary evidence on record proved that suit land was in exclusive possession of predecessor-i, interest of plaintiffs after partition in 1919 and it was allotted to plaintiff after his death - Plaintiffs are owner in possession of suit land and entry in favour of..........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration and permanent injunction - Plaintiff filed the proceedings before revenue Court for correction of revenue entry - Revenue Court directed the parties to go to civil Court - Financial Commissioner upheld the order of Divisional Commissioner and Collector - Suit filed within 3 years from the order of..........
