Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit filed for permanent injunction and subsequent suit filed for specific performance - Earlier suit withdrawn without permission to file fresh suit with respect to the suit land - Nothing on record to establish what was the cause of action of plaintiff in earlier suit - In the absence of any..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Husband filed suit against wife, daughters and son to declare the property purchased in the name of wife is benami - Such plea of benami transaction cannot be taken after Benami Prohibition Act - Husband and wife passed away - Daughters have filed appeal against son - Since daughters got..........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Bar of civil Court jurisdiction - Suit property is agricultural land - Civil Court has no jurisdiction for adjudication of suit regarding agricultural land as per S.207 of Rajasthan Tenancy Act - Plaint rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating ancestral property - Once a specific finding has been given by Court in writ petition that plaintiffs have failed to prove land in question to be an ancestral property which was further affirmed by Division Bench, same fact and same pleadings cannot be..........
Agreement to sell -- Specific performance - Agreement to sell agricultural land to a non agriculturist in H.P. - Essential condition of agreement was to get requisite permission of State Govt. - Purchaser failed to get requisite permission of State Govt. and he assigned his rights to plaintiff who in turn filed suit for specific performance - Assignment not valid as there..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Partition suit - Plaintiff claiming that they are in joint possession along with defendants - Contention that plaintiffs are not in joint possession is a question of fact, which will be decided after evidence is let in - Court can collect Court fee at any stage of suit - Application..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Partition suit - Sister of plaintiff not arraigned as a party - However, plaintiff stated that his sister had already taken share and also affidavit is filed to that effect - Suit not bad for non-joinder of necessary party...........
Partition suit -- Suit property belongs to grandfather of parties - There was family arrangement between brothers of plaintiff's father and defendant's father and there was no partition - Defendants categorically admitted that property belongs to their grandfather - When there is admission on part of defendant in written statement itself, admitted fact need not be proved..........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 26, Rule 9 -- Additional evidence at appellate stage - Remeasurement of land - Trial Court appointed Court Commissioner but his report was rejected as he did not follow proper procedure at the time of conducting measurement - If Appellate Court agrees with the finding of trial court about non..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Prayer for partition and separate possession cannot be granted in execution proceedings - Such prayer can always be sought by petitioners by filing a separate suit...........
