Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of mother - Eviction of son - Mother was assaulted/ill treated by son - As far as title documents and its veracity is concerned, since a suit challenging the said documents was filed by father, Court need not traverse the same as a civil Court of competent jurisdiction is in seisin of..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Leave to file an appeal - A party to a suit adversely affected by a decree or any of his representatives-in-interest may file an appeal - But a person who is not a party to a decree or order may, with leave of Court, prefer an appeal from such decree or order if he is either bound by a decree or order or is aggrieved..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Law as to: (i) For the purpose of impleading a transferee pendente lite, facts and circumstances should be gone into and basing on necessary facts, Court can permit such a party to come on record, either U.O.1.R.10 CPC or U.O.22.R.10 CPC,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte interim injunction - An ex-parte interim injunction order is passed only in case of grave urgency after considering principles governing grant or refusal of injunction and analyzing pleadings and documents on record, that too for a specified period - Court should also take an undertaking from plaintiff that if..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo order regarding possession and record of site in question and further not to transfer, mortgage or alienate suit property - Meaning thereby, as there is an order of status quo, party whosoever was in possession of property on date of filing of suit shall remain in..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit filed in Commercial Court not maintainable - Order dismissing application filed U.O.7.R.10 CPC set aside - Matter remitted back to re-allot the case to any other regular court, in accordance with law...........
Civil Procedure Code, 1908, Order 39, Rule 11(2), (As -(As applicable in State of Maharashtra) - Defence struck off on ground of breach of injunction by defendant - Restoration of defence - Violation of ad interim injunction - Defendant executed sale deed in violation of ad interim injunction order - Said sale deed is not cancelled - Defendant received part consideration..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Civil suit challenging partition proceedings on the ground that same are in violation of principle of natural justice, is not barred by jurisdiction - Moreover, question a to whether there was a violation of principles of natural justice is a disputed question of fact which would be finally adjudicated..........
Specific Relief Act, 1963, Section 38 -- Suit for possession by pre-emption and permanent injunction - Disputed common way was purchased by plaintiff vide sale deed - Defendants had been given right to use common way as a licensee - However, defendant would not use the disputed common way, as plaintiff had already locked it - Suit dismissed...........
