Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Purported cause of action is merely illusory and has been concocted solely to circumvent the provisions of O.7.R.11(d) CPC - Plaintiff admittedly, was aware as early as 2006 that defendants had explicitly denied his title in suit filed by them in 2006 - Defendants denied the..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for declaration filed by plaintiffs at the time when cause of action to seek specific performance had not materialized in their favour, cannot defeat their subsequent suit applying principle of constructive res judicata...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment to advocate Commissioner - Suit for declaration of right and title over suit property and injunction - Burden of proof is always on plaintiff to establish his lawful title and possession over suit property - So the question of localization of suit property and noting down the physical features of property by..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and recovery of possession - Concurrent finding of fact on record that plaintiff has established his title over the suit property and defendant's possession on the suit property is merely permissible having no right, title and interest - This is finding of facts which is not required..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration of title and recovery of possession - Plaintiff is absolute owner of suit premises and has got title and defendant's possession thereof is merely permissive out of grace and sympathy and she has no right, title and interest - Plaintiff has brought the suit against defendant..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that gift deed is null and void and permanent injunction - Plaintiff alleges that gift deed is not a result or fraud and misrepresentation - Onus was upon plaintiff to prove the same, but plaintiff miserably failed to demonstrate and prove this fact - Concurrent findings of Courts below that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction - Plaint discloses all the factors and also shows that defendant is trying to sell the land - Contention of defendant that there is no cause of action cannot be accepted - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration filed by Society through its secretary - Death of Secretary - Death of Secretary informed to Court - Trial Court on the same day was not justified in rejecting the plaint - Trial Court should have followed the procedure prescribed U.O.22.R.10-A CPC...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for declaration of title and injunction - Defendant seeking appointment of Local Commissioner - No dispute with respect to identity of property - Burden of proof is on plaintiff in such a suit to prove with cogent evidence that he is owner of property - No necessity for defendant to take upon himself..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
