Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - If upon a meaningful reading of plaint, Court reaches to a conclusion that drafting of plaint is such as to create an illusion of cause of action, whereas suit is barred by limitation, plaint can be rejected U.O.7.R.11 CPC...........
Agreement to sell -- Suit for specific performance - Defendant alleged that plaintiff has obtained signatures on blank stamp papers and thereafter fabricated alleged agreement of sale - However, there is no justification from defendant side as to what prompted defendant to remain silent without filing a criminal complaint alleging fabrication of an agreement of sale and..........
Specific Relief Act, 1963, Section 28 -- Application u/s 28 of Specific Relief Act - Has to be dealt with by trial Court only - Even when application is filed before Executing Court, then same must be transferred to file of suit before dealing with the application...........
Transfer of Property Act, 1882, Section 106 -- Eviction suit - Plaintiff is owner of premises and defendant was permitted to use the same - Cheque issued towards rent demonstrates that one cheque was dishonoured and that rent for a period of 44 months remained unpaid, which led to issuance of legal notice - Legal notice issued to defendant reflects that rent was not paid..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - S.24 CPC confers a wide and discretionary jurisdiction upon High Court and District Court to transfer or withdraw any suit, appeal or other proceeding at any stage either on application of any of parties or even suo motu...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Plaintiff failed to establish his possession over suit property as on the date of filing of application for interim injunction - Prayer of plaintiff for ad interim injunction against defendants can only be founded on prima facie case, balance of convenience and irreparable injury which in turn would..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Joint family property - Suit property was allegedly purchased in the name of father of parties from joint funds - Burden to prove said fact is upon plaintiffs which they failed to prove - Finding that property was self acquired is a pure finding of fact based upon proper..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Wakf property - Suit for injunction - Jurisdiction of Tribunal under Wakf Act - Suit property neither specified in `list of auqaf' as published in Chapter II nor registered under Chapter V of Wakf Act - Decision as to whether property is a waqf property or not cannot be decided by Tribunal since property..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All questions arising between parties to suit in which decree was passed or their representatives relating to execution discharge or satisfaction of decree must be determined by Court executing the decree and not by a separate suit - Said questions must be determined during process of execution of decree,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a stranger - Suit for specific performance - Suit filed by plaintiff and issues arising therefrom can very well be adjudicated inter se between existing parties without impleading proposed party as defendant - Merely because proposed party has filed other suit with regard to same subject matter does not ipso..........
