Civil Procedure Code, 1908, Section 11 -- Res judicata - Permanent Injunction - Decree - Finding regarding title recorder against the plaintiff - Not able to file appeal - Finding of title would not operate as res judicata in suit regarding title...........
Civil Procedure Code, 1908, Order 18, Rule 16 -- Examining plaintiff immediately - Plaintiff 92 years of age - Plaintiff may not be available by the time suit reaches stage of recording of evidence - Statement of plaintiff very important and necessary for just and appropriate decision - Fit case for exercise of power U.O.18.R.16 for the purpose of recording statement of..........
Specific Relief Act, 1963, Section 16(c) -- Explanation - Ready & willing - Suit for specific performance - Payment of money - It is not essential for plaintiff to actually tender to defendant or to deposit in Court any money except when so directed by the Court...........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Case fixed for filing written statement - Nothing was to be done by plaintiff - Court should not have dismissed the suit for non prosecution as it cannot be said that there was default in strict sense for non prosecution on the part of plaintiff - Suit restored...........
Evidence Act, 1872, Section 65(c) -- Secondary evidence - Registered mortgage deed - Original is required to be with the plaintiff - Plaintiff not able to locate the same - Secondary evidence allowed...........
Termination -- Suit for declaration by plaintiff-respondent a daily wage Conductor for misconduct of carrying passengers without tickets - Plea that before termination no enquiry held - The findings of the trial court that he was engaged on daily wage basis there was no necessity for departmental proceedings before discontinuing his engagement - Reversal of judgment of the..........
Civil Procedure Code, 1908, Order 8, Rule 4 -- Possession suit against tenant - Specific averment by plaintiff that tenancy commences from 1st of every English calendar month - Mere vague denial of same of defendant - Tantamount, to evasive reply - Documentary evidence in nature of rent receipts showing that monthly tenancy was from 1st of every month - Finding tenancy..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non joinder of parties - Effect of - Suit for possession - Plaintiff died during pendency of suit - Defendant had amended written statement to incorporate plea of fresh lease - Objection to maintainability of suit on account of non joinder of married daughter of deceased plaintiff - Not raised by defendant in his amended..........
Consent decree -- Passed on the next day of filing of suit - However, decree was passed on the basis of written statement filed by defendant admitting the claim of plaintiff and defendant also appeared in Court and admitted the claim of the plaintiff - Decree cannot be said to be illegal or suffering from fraud merely for the reason that summons were not issued...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Compromise - Not attested - Application filed by plaintiff and through Power of Attorney by defendant - No question of attestation in such case - Power of Attorney holder of defendant could be party to application for withdrawal - Permission for withdrawal of suit - Refusal on ground that it was without..........
