Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Court should decline amendment if a fresh suit on the amendment claims is barred by limitation on the date of application...........
Registration Act, 1908, Section 17(2)(vi) -- Registration - Compromise decree - Compromise decree asserts only the pre-existing right and no new right was created through the consent decree - There is no finding of collusion between the parties in entering into the compromise by any Court as on date - Indisputably, property is the subject matter of the suit - Conditions..........
Registration Act, 1908, Section 17(2)(vi) -- Compromise decree - Exemption from registration - In order to fall under the exception of S.17(2)(vi) of the Act, following conditions must be satisfied: (i) There must be a compromise decree as per the terms of compromise without any collusion; (ii) compromise decree must pertain to the subject property in the suit; and (iii)..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has trusted his counsel to manage the suit proceedings - However, he was not made aware of ex-parte decree by his previous counsel - It is only after the appointment of new counsel, defendant got to know about ex parte decree - Defendant acted bona fide and diligently -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether plaintiffs are entitled for the relief sought in the suit and whether suit is within stipulated period of limitation are mixed question of facts and law and same have to be decided on trial and cannot be a ground for rejection of plaint, especially the burden lies upon plaintiffs to establish..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is illegal, null and void - Petitioner though sought suit for declaration but in fact he is seeking cancellation of sale deed to which petitioner is a party along with other co-sharers - Petitioner is thus, required to pay ad valorem Court fee on the consideration stated in the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Once plaintiff is not owner of entire suit property mentioned in amended plaint, whether suit at his behest for said land is itself was maintainable or not would be a debatable question - Appeal is already pending against order rejecting ad interim injunction - Status quo order passed till appeal is..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of fact on record that there is a temple existing on the suit land and therefore suit land cannot be partitioned - Existence of Smadhis on the suit land was also accepted by both the Courts - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Plaintiff's own case was that he was allowed to occupy the additional plot of land in question by defendants without any formal allotment - Plot of land admittedly belongs to a third person who is a migrant - Therefore, there is no legal right or interest created in favour of plaintiff so as to entitle..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating and transferring suit property during pendency of suit - Apprehension expressed by plaintiff of being put to irreparable loss and injury has been found to be baseless, as right if any of plaintiff shall be protected by application of principle of lis pendens -..........
