Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Third party objections - Objectors claiming ownership and possession in derogation to the claim of their mother (JD) whereas they have no independent claim, right, title or interest - Even the pleas of ownership by adverse possession taken by their mother (JD) is rejected in second appeal - Plaintiff has already..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Plaintiff contended that he is in continuous possession of suit property since 1976 but failed to mention the date of dispossession - In such circumstance, it is not possible to examine..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Counter claim - Normally, counter claim is to be set up before written statement is filed - However, defendant can set off defence or counter claim with leave of Court even after filing of written statement upon such terms as Court thinks fit...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Once cause of action wholly or in part accrues after defendant has delivered his defence or before the time limited for delivering defence has expired, a counter claim cannot be allowed to be set up...........
Civil Procedure Code, 1908, Order 21, Rule 89 -- Court auction - Setting aside - Orders confirming sale and rejecting plaintiff's claim U.O.21.R.89 CPC was confirmed by competent Court - Such Orders cannot be ignored in a collateral proceeding on mere suspicion of fraud or collusion...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3 -- Rebuttal evidence - Hand writing and finger print expert - Document forming foundation of case and propounded by plaintiff was to be proved by him - However while framing issues, onus was placed on defendant to prove that document was forged and fabricated - When onus of proving issue was on defendant, plaintiff..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence sought to be produced substantive and core evidence without which not only the plaintiff but even Court would remain handicapped in adjudicating the matter competently, effectively and wholesomely - Additional evidence allowed - Defendant would have right to produce any other evidence in repudiation..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 32, Rule 4, Rajasthan Tenancy Act, 1955, Section 212 -- Suit by minor - Dispute as to ancestral property of adoptive family - Legality of registered adoption deed challenged by filing a suit - Adoption deed does not become inoperative - It cannot be thus concluded that minor cannot claim any..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Term mesne profit is used for damages for trespass, a wrongful act relating to immovable property - However, scope of term mesne profit has since enlarged to mean claim of profit from one whose possession though may not have originated as trespass but is nevertheless wrong...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for declaration of right, title and interest of plaintiff over suit property along with decree of injunction restraining defendant from dispossessing from suit land - Suit partly decreed declaring title of property as plaintiff failed to make prayer for recovery of khas possession of..........
