Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance, permanent injunction and cancellation of sale deed - Sale deed as well as agreement to sell was executed by defendant No.1 who is still alive - Impleadment of son and daughter of defendant No.1 as party defendants by trial Court is erroneous - Order allowing application..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Property was acquired by Hindu female by virtue of Will - Provisions of S.14(1) of Hindu Succession Act shall not apply to any property which is acquired by way of gift or Will - Contention of defendant that Hindu Female become absolute owner of suit property and she is entitled to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Concurrent findings of Courts below as to relationship of landlord and tenant - This is a finding of fact which could not be disturbed by Court in Second Appeal, as it was not open for Court to examine evidence assuming First Appeal jurisdiction, unless findings returned were perverse - Judgment of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - No right to relief sought against petitioner in the suit - Even, petitioner has failed to show that effective decree cannot be passed in her absence - If the petitioner is impleaded in the suit, scope of suit for permanent injunction will be enlarged to a suit for title..........
Civil Procedure Code, 1908, Order 16, Rule 1(3) -- Summoning of a witness not named in the list of witnesses - Suit for specific performance - Witness sought for the purpose of certifying the documents relating to proceedings for dishonour of cheque initiated by said witness against defendant - However, documents in this respect already been exhibited and plaintiff has..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought for addition of some more properties and also to correct extent of properties already included - Mistake as in suit property, omission and also error in the extent, came to notice of plaintiffs as stated during discussion with new counsel - Amendment sought does not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Jurisdiction of civil Court - Electricity bill in question was issued in pursuance to an assessment made by Assessing Officer for un-authorised use of electricity, in terms of S.126 of Electricity Act - Civil Court had no jurisdiction to entertain the suit in question..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Issue of res judicata cannot be decided in an application filed U.O.7.R.11 CPC, since said issue involves consideration of pleadings in earlier suit, judgment of trial Court and judgment of appellate Court...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Suit for declaration as to validity of marriage as also for negative declaration regarding marital status, falls within exclusive jurisdiction of Family Court as per S.7 Explanation (b) of the Act...........
