Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Death of plaintiff - L.R's brought on record - Application U.O.I.R.10, by respondents, during pendency of trial pleading that a part of land alienated in their favour by original plaintiff - Trial Court rejected application - Revision allowed - Plaintiff did not object - Plaintiff is dominus litus and..........
Specific Relief Act, 1963, Section 20 -- Suit for specific performance - Plaintiff pleading as to payment of Rs.4000/- without receipt and in case Court is not satisfied about such payment plaintiff ready and willing to deposit the sum again - Plaintiff, in the present case cannot be said to have come with unclean hands or with a false case on his failure to establish his..........
Unclean hands -- Plaintiff pleading as to payment of Rs.4, 000/- without receipt and in case Court is not satisfied he is ready to deposit again - Plaintiff cannot be said to have come with unclean hands...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Proof beyond pleading - No amount of proof can substitute pleadings which are the foundation of the claim of a litigating party...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Want of pleading - No issue framed for determination by Court - No finding can be recorded by Court on issues not pleaded...........
Specific Relief Act, 1963, Section 16(c) -- First Schedule, Appendix A, Forms 47 & 48 - Agreement to sell - Suit for specific performance - Pleading - Plaintiff is to aver and to prove that he was ready and willing to perform his part of contract - It is not necessary to reproduce the Forms and legal provisions verbatim...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleading and proof- No evidence can be looked in respect of plea not raised in pleadings...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Can be framed only if there is specific pleading...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary mandatory injunction - Petitioner was a lessee - Petitioner evicted unauthorisedly - Respondents pleading that petitioner gave up possession voluntarily - Respondents not placing on record any proof in support of their contention - At the moment it will be safe to infer that the petitioner was in possession of..........
Adverse possession -- Mere long possession cannot be construed to be adverse qua the real owner - In the written all that is mentioned that they are in cultivating possession of land for the last more than 30 to 35 years - Such a possession can be permissive unless a hostile title is set up - In absence of pleading of adverse possession no issue framed - Held, possession..........
