Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Suit property agreed to be sold by defendants on specified sale consideration - Defendants failed to execute sale deed - Plaintiffs always ready and willing to perform his part of obligation - Whether plaintiff ultimately succeeds in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - No time specified for sellers to execute sale deed - Period of limitation of 3 years as per Art.54 of Limitation Act, thus, start from the period when plaintiff noticed that performance is refused - Suit filed within said period of three years would..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Trial not compulsory in every suit - If from documents and pleadings, it is clear that there is no need for a trial and that case of a party stands admitted, Court can pronounce judgment...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission need not be in pleadings of same case but can be in any other form, including in unconnected proceedings...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - O.12.R.6 CPC can be invoked at any time either on application or suo moto by Court...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Defendant admitted ownership of plaintiff/mother in earlier suit filed by him - He was misbehaving with plaintiff and her husband and license granted to him was terminated orally and defendant was asked to vacate suit property, which he failed to do so - Record shows that..........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Expression `act required to be done' as occurring in O.21.R.32(5) CPC, thereof, cover both prohibitory as well as mandatory injunctions...........
Civil Procedure Code, 1908, Order 21, Rule 32(5) -- Execution - Decree of permanent prohibitory injunction - Direction issued by executing Court to JD to remove obstructions to shop room and maintain shop rooms in previous position and to hand over shop room to decree holders for purpose of business - Cannot be said to be beyond scope and ambit of O.21.R.33 CPC, as..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issue - Unregistered gift deed - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Unregistered gift deed does not amount to a gift and not created any right in favour of defendant - Since defendant having not claimed any other right except under said..........
Civil Procedure Code, 1908, Order 15 -- Disposal of suit at first hearing - Suit for declaration that gift deed in question is null and void and for permanent and mandatory injunction - Defendant not enforcing the gift - Question of putting suit to trial to determine intention of parties, does not arise - Plaintiff is entitled to a decree U.O.15 CPC...........
