Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and permanent injunction - State is owner of suit property - State is a necessary party represented by District Collector - Suit is bad for non-joinder of necessary and proper party...........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff is only a licensee - Licence in favour of plaintiff does not create any right in the property - However, since plaintiff violated conditions of license and license period already expired, he is evicted from suit property long ago - Plaintiff thus, cannot maintain suit for..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that power of attorney and sale deed is null and void - Plaintiffs failed to exhibit so-called Power of Attorney, which was allegedly executed by plaintiff No.1 in favour of her husband/deceased - Plaintiffs also failed to prove that said Power of Attorney was forged one and on account of forged Power of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Proposed parties are admittedly children of one of co-sharer of parties to suit - They are necessary parties - Proposed parties though not shown as respondents in petition, however, their names were indicated in petition with all details of their identity - It is a..........
Specific Relief Act, 1963, Section 38, 39, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for perpetual and mandatory injunction - Framing of suit was not an issue before trial Court and first appellate Court - Non-suiting plaintiff by High Court on that ground is unsustainable - High Court ought to have accepted plaintiff's case by appreciating documents..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit was for declaration and subsequent suit was for partition - Core issue in both the suits are different even though property is same - Parties are also different - Pendency of earlier suit does not call for stay of subsequent suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - A party having a semblance of interest in the suit property could be impleaded as a party in the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of intervener - Title suit - Respondent no.6/petitioner has been able to bring on record certain documents which had been showing her interest in the suit property claiming through their vendors - Plaintiffs made vendor of petitioner as defendant - If petitioner is a purchaser prior to institution of suit,..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction of Court - Cause of action - Court gets jurisdiction over the matter if cause of action arises within the local limits of its jurisdiction - Cause of action means whole bundle of material facts which it is necessary for the plaintiff to prove in order to entitle him to succeed in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance and cancellation of sale deed - Daughter and son of defendant no.1 sought their impleadment in the suit - Sale deed and agreement to sell was executed by defendant no.1 and he is still alive - Trial Court committed error by impleading applicants - Order allowing..........
