Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervener - Joint Hindu Family Property - Alienation of undivided share by one of co-parcenar - Sale deed in question executed after institution of partition suit - S.52 of T.P Act will be applicable and right of purchaser is subject to outcome of litigation - Purchaser will get the property which comes in the..........
Hindu Marriage Act, 1955, Section 13B, 28 -- Divorce by mutual consent - Appeal thereagainst on ground of fraud - Decree alleged to be obtained by fraud, has to be challenged in a civil suit and to lead cogent evidence to prove that she had no knowledge of the proceedings which had been initiated at the instance of her husband and even counsel who had appeared on her..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit without seeking quashment of notice issued by defendant Nos.1 and 2 - May be a defect or lacunae in a suit, but they are not so fundamental so as to warrant nibbing of suit in bud - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Injunction suit - Averments in plaint clearly brings to fore not only cause of action but also threat perception of plaintiff that electricity and water connection would be disconnected - It cannot be discerned that suit in question is frivolous or does not show any..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Injunction suit restraining defendants from disconnecting electric and water supply - Contention that suit is barred as plaintiff had an efficacious remedy of appearing before concerned authority - Contention rejected, as apart from fact that relief of injunction cannot be granted by any other authority..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ad valorem Court fee - Simpliciter suit for declaration that sale deed is null and void filed by plaintiff, as they are stated to be in possession of suit property - Plaintiff not sought for relief of possession and cancellation of sale deed - It cannot be said that plaintiff would deem to be party of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Discussion or consideration of evidence on record to decide question of law - It cannot be said that it is a reappreciation of entire evidence on record...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Prayer of plaintiff to withdraw the suit with liberty to file afresh cannot be split up - Court shall either refuse both the prayers or allow as a whole...........
Civil Procedure Code, 1908, Order 23, Rule 1(3)(a), (b) -- Withdrawal of suit - Expression `sufficient grounds' not restricted to formal defects or those analogous thereto appearing in O.23.R.1(3)(a) CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Lack of clarity in application cannot come in the way of plaintiff to get permission to file a fresh suit on self same subject matter or cause of action of suit already filed by her upon its withdrawal...........
