Civil Procedure Code, 1908, Section 100, Order 20, Rule 18 -- Partition - Ancestral property - Plaintiff, brother claiming share over ancestral residential house standing on portion of suit land allotted in favour of defendant, brother - As per preliminary decree plaintiff and defendant allotted two equal shares without partition of house - More so, report of Civil Court..........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Maintainability - In absence of specific provision in scheme permitting amendment or alteration, application is not maintainable...........
Civil Procedure Code, 1908, Section 92 -- Application u/s 92 CPC - After settling of scheme - Attempt to change the name of temple - Does not amount to modification or alteration of scheme, it is only directions for administration in terms of scheme - Hence, such applications filed after settling of scheme is maintainable...........
Civil Procedure Code, 1908, Section 35B, 2(2) -- Costs - Non payment - Right to further prosecute the suit or defence is lost - Suit cannot be dismissed for non payment of costs...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Elements necessary to constitute an order a decree are : (i) There must be an adjudication; (ii) Such adjudication must have been given in a suit; (iii) It must have determined the rights of the parties with regard to all or any of the matters in controversy in the suit; (iv) Such determination must be of a conclusive..........
Civil Procedure Code, 1908, Section 100, 35B, 2(2) -- Second appeal - Default in payment of costs - Dismissal of suit - Dismissal of suit for default on ground of no, payment of costs, cannot be termed as adjudication of suit on merits - Such order does not amount to decree - Second appeal, not maintainable...........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 19 -- Second appeal - Maintainability - First appeal dismissed in default - Prayer for re-admission of appeal along with application for condonation of delay, rejected as the same was barred by limitation - If application seeking condonation of delay is rejected, then such decision cannot be appealable - Only remedy..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Cannot be granted in respect of no, suit property...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants and their men, agents, associates from causing any obstruction/disturbances or interference in free ingress and egress of plaintiff and their vehicles in suit property - Disputed gate and passage over which plaintiff is claiming some reliefs are neither mentioned in pleadings..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application for setting aside ex parte decree filed after delay of 1103 days - Defendant claimed that their advocate failed to intimate date of hearing - However, defendant received summons in execution petitions - Defendants also failed to prove that they have suffered from disease as..........
