Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Defendant in his written statement disclosed host of new facts, which were not pleaded by plaintiff - It was plaintiff who suppressed material facts and not defendant - On the ground of suppression of facts and pleading false facts by defendant, amendment of plaint is not permissible and definitely power..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant-owners from dispossessing respondent from suit hospital - Respondent is admittedly, running and is in possession of suit hospital for more than 13 years by three agreements - Respondent claims that he is a tenant while defendant-petitioner claim that respondent was a mere..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Defence of defendants cannot be considered at the stage of deciding application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - Objections taken in application are mixed question of facts and law, which cannot be decided without framing of issues - Application rightly rejected...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objection by JD - Identity of property was questioned by JD - However, in execution petition question of identity of property could not be raised - After passing decree in favour of DHs, it is for them to look out the question of identity of property - Petitioner who is JD, cannot canvass legality of decree - Moreover,..........
Agreement to sell -- Unregistered - Marking of document as exhibit - Principal document namely the agreement to sell executed prior to coming into force of S.17(1-A) of Registration Act - Amended provision made applicable prospectively - Hence the same was not required to be compulsorily registered - Even if it was required to be registered, keeping in view the purport of..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by law - Suit for cancellation of sale deed and permanent injunction - Plaintiffs got knowledge of sale deed at least in the year 2007 and suit was filed in 2011 - Suit filed after three years from date of plaintiffs got knowledge of sale deed is thus, barred by limitation - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint filed by playing fraud upon Court by making concealment of relevant facts from Court - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by any law - Means Legislative law as well as law declared by Courts...........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 38 -- Rejection of plaint - Concealment of relevant facts - Suit for injunction - Plaintiffs made serious concealment regarding possession in plaint - Possession is of great relevance in a suit for injunction - Plaintiff cannot be permitted to make a false statement or conceal true facts from..........
