Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership - Plaintiff purchased suit property as per registered sale deed - Relief sought by plaintiff was only to extent of half share in suit property - Suit for partition filed by defendant against vendor of plaintiff decreed and defendant is entitled for 1/2 share in suit property - Said judgment is..........
Specific Relief Act, 1963, Section 5, 34 -- Suit for confirmation of title and recovery of possession - Without seeking relief of declaration - Defendants denied title of plaintiff - Court below committed error in granting decree in favour of plaintiff without asking him for seeking declaration of title u/s 34 of the Act - Impugned order set aside - Matter remanded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Proposed amendments are in relation to events which have taken place after institution of suit and relate to the same subject matter - If amendments are allowed, defendants get a chance to file additional written statement to controvert and contest such averments and prayer - However,..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Eviction suit - Petitioners are sub-tenants of original tenant - Suit is between landlord and tenant - Petitioners cannot take shelter of O.21.R.97 CPC to raise objection against execution of decree passed in favour of plaintiff - Even, O.21.R.101 CPC has no applicability as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Amendment sought to add pleading with respect to non-maintainability of suit in view of provisions of new Rajasthan Rent Control Act - Suit filed under Transfer of property Act and on the date of filing of suit, Rajasthan Rent Control Act were not applicable and jurisdiction to..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues - Additional issues already framed are adequate and cover the contention now raised by petitioners in suit - Application rightly rejected...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object underlying S.10 CPC is to prevent Courts of concurrent jurisdiction for simultaneously trying two parallel suits in respect of same matter in issue...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC deals with two identical suits - Though appeal is a continuation of suit, however, S.10 CPC cannot stretch to mean that even if an appeal is pending, a subsequent suit cannot be filed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed by plaintiff is for declaration and permanent injunction and subsequent suit filed by defendant is for possession - Relief sought in both the suits is different, thus, it would not operate as res judicata - Application rightly rejected...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit with liberty to file fresh suit - Formal defect - Application U.O.23.R.3 CPC is totally bereft of any details as to formal defect - It also does not enlist any sufficient ground for allowing plaintiff to institute a fresh suit - Order allowing application set aside - Suit restored...........
