Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Non-disclosure of cause of action - Suit for specific performance - Execution of agreement between parties can be seen from the plaint - Subsequent acquisition of land and its de-notification is also on record - Whether acquisition of land by authority frustrated the agreement and it did not give rise..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Issue involved in earlier suit for declaration and subsequent suit for permanent injunction though not found either directly or substantially in issue - But relief in subsequent suit dependent on ultimate outcome in earlier suit - S.10 of the Act thus, has no application to case - However, further..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interlocutory injunction - Partition suit - Defendants recognized as joint owners of suit property in a compromise decree passed in previous partition suit between defendant's father's family - No challenge made to compromise decree in previous partition suit - Defendants herein are absolute owners of suit property in..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendants - Partition suit - If cause of action is joint and inseparable, entire suit or appeal abates if Lrs of deceased party are not brought on record...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence is not permitted in second appeal, even though first appellate Court has wrongly appreciated evidence - But, re-appreciation of evidence is permitted only when findings of trial Court and first Appellate Court are perverse...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - After nine years of filing of written statement - Name and address of the left out parties and also address of left out properties not furnished in additional written statement - Impugned order allowing application set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Written statement was filed in the year 1995, which was much before commencement Act of 2000, consequently amended provision of O.6.R.17 CPC would not be applicable - Trial Court not justified in rejecting application by applying amended provision of O.6.R.17 CPC - Even otherwise, amendment..........
Civil Procedure Code, 1908, Order 21, Rule 58(4) -- Execution - Money recovery based on pronote - Fraudulent transfer - If decree-holder is able to show that transfer by execution of settlement by judgment-debtor before even filing of suit and subsequent to contacting of money decree amount under pronote a fraudulent transfer to adjudicate, there is no necessity of filing..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Filing of documents after closure of evidence - Court cannot grant leave to file documents at a belated stage for mere asking - Plaintiff who seeks to file documents at such stage, has to satisfy two conditions namely; (a) documents are necessary for deciding the real controversy in suit (b) existence of sufficient cause for..........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Filing of documents after closure of evidence - Diligence of plaintiff - Factum that proposed documents were not filed along with plaint despite their existence, shows plaintiffs were not diligent in filing relevant documents - More so, plaintiffs failed to explain relevancy of proposed documents in determining real..........
