Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Suit for recovery of possession - Petitioner was neither a party to suit nor purchaser or representative of parties to decree - He failed to show that he is entitled to object to execution of decree - DH has not filed any application complaining about objector's resistance to execution..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Execution of Will in favour of nephew and niece of testator - Original Will bears the thumb marked photograph of testator and it is a registered Will - Thumb impressions of Testator on the Will and on the endorsement have not been denied by plaintiff/natural heir - Scribe and attesting witnesses of Will..........
Civil Procedure Code, 1908, Section 115 -- Revision - Order of dismissal of suit - Order passed has the status of a decree and challenge to the same has to be made by filing appeal - Revision not maintainable...........
Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage - Muslim male can sue a suit or proceeding for dissolution of marriage under Family Courts Act but cannot seek divorce under Dissolution of Muslim Marriages Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
Specific Relief Act, 1963, Section 38 -- Suit for injunction simplicter - Maintainability - If defendants do not dispute title of plaintiffs then suit should not fail only on the ground that matter has been filed only for injunction simpliciter and no main relief in the form of declaration has been prayed for...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration of title - Plaintiffs have to prove their title in respect of suit property in a suit for declaration - Merely on the basis of house tax extracts and tax paid receipts declaration cannot be granted - Since plaintiffs have not produced any document of title to prove their title in respect of suit property, suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment is for declaring title of plaintiff and for recovery of possession - Said proposed amendment does not introduce a new case - It only elaborates the circumstances which has to be established by sufficient evidence - There is no alteration in the nature, character..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Final decree - When a final decree has been drawn up, signed and engrossed in stamp paper of requisite value, it cannot be said that the suit must be treated to be pending for the purposes of passing further orders including readjustment of shares on account of a change in law...........
