Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil court - Award of Lok Adalat - Binds only the parties and it will have no binding effect on respondent, when he was not a party to the award and when award was obtained fraudulently, without making him party to the alleged settlement - Therefore, he has every right to challenge the same by way of filing a suit,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Probate proceedings - When a Court can continue with probate proceedings, then there is no question of rejecting the probate petition on the ground that civil suit of similar nature is pending in civil court...........
Civil Procedure Code, 1908, Section 11 -- Explanation IV - Res judicata - Plea not taken in earlier suit filed by defendant against plaintiff - Held, plea of adverse possession is barred by principle of res judicata...........
Transfer of Property Act, 1882, Section 52 -- Lis pendens - A transferee pendente lite is bound by decree just as much as he was a party to suit - However, mere pendency of suit does not prevent one of the parties from dealing with property constituting subject matter of suit - Law simply postulates a condition that alienation will, in no manner, affect rights of other..........
Civil Procedure Code, 1908, Order 15, Rule 1, 2 -- Suit for specific performance - Some of the defendants not at issue with plaintiff - Defendant sought decree against all the defendants - Relief of specific performance claimed is indivisible - Held, partial decree of specific performance cannot be granted against those defendants who are not at issue with the plaintiff...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Cannot be refused merely because of some mistake, negligent or inadvertent, committed while filing a suit...........
Civil Procedure Code, 1908, Section 149 -- Payment of deficient court fee - Extension of time - Non payment of court fee due to financial difficulties - Party facing a situation like this, does not deserve the dismissal of original suit by Court for non payment of court fee...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - No injunction can be granted against true owner - Plaintiff failed to prove agreement to sell as there was no privity of contract between plaintiff and owner of property - Plaintiff has no legal right or title over suit property - Since suit property is sold to defendant Nos.3 & 4 no injunction can be granted..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit in one Court - Suit property in all three suits common - Held, these must be heard and tried by one Court, though, separately, as parties are not common in all three suits - But in order to avoid conflicting judgments, all three judgments in these three suits must be passed on one date...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise decree - There is no rule that a compromise decree should be an executable one or that it could not be one dismissing suit - When there is a compromise between parties, what is required is that Court has to order such agreement, compromise or satisfaction to be recorded and pass a decree in accordance therewith so..........
