Specific Relief Act, 1963, Section 38 -- Permanent injunction - DW1 admitted that plaintiffs were in possession of suit property and that defendants were not in possession of same - Courts below were duly justified in granting a decree of permanent injunction restraining defendant from interfering in possession of plaintiffs over suit property - Suit rightly decreed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Merely because Court had posed uncomfortable questions to counsel for plaintiff and was insisting to proceed with arguments, per se cannot be a ground to transfer suit...........
Evidence Act, 1872, Section 102 -- Burden of proof - Injunction suit - When suit is filed by plaintiff for injunction claiming that he is in possession, it is for him to prove that he is in possession of property on the date of filing of suit...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for damages and injunction - Plaintiff in his cross-examination admitted that he was in possession of key of lock which is locked to the gate of property in dispute - When such a fact is pleaded by plaintiff, it is for him to prove such a fact and defendant cannot enter into issue and ask for production of key -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale in question is null and void - Agricultural property - Plaint does not disclose a real cause of action rather something purely illusionary has been cleverly drafted in plaint making out a case for suit - Suit appears manifestly vexatious and does not disclose a right to sue..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred u/s 207 of Rajasthan Tenancy Act - Suit for declaration that sale in question is null and void - Agricultural property - Plaintiff company claims not to be a party to sale transaction, therefore, for setting aside sale deed, third party to sale-deed i.e. plaintiff must have title to property which..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of mother - Eviction of son - Mother was assaulted/ill treated by son - As far as title documents and its veracity is concerned, since a suit challenging the said documents was filed by father, Court need not traverse the same as a civil Court of competent jurisdiction is in seisin of..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Leave to file an appeal - A party to a suit adversely affected by a decree or any of his representatives-in-interest may file an appeal - But a person who is not a party to a decree or order may, with leave of Court, prefer an appeal from such decree or order if he is either bound by a decree or order or is aggrieved..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Law as to: (i) For the purpose of impleading a transferee pendente lite, facts and circumstances should be gone into and basing on necessary facts, Court can permit such a party to come on record, either U.O.1.R.10 CPC or U.O.22.R.10 CPC,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte interim injunction - An ex-parte interim injunction order is passed only in case of grave urgency after considering principles governing grant or refusal of injunction and analyzing pleadings and documents on record, that too for a specified period - Court should also take an undertaking from plaintiff that if..........
