Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of fact on record that there is a temple existing on the suit land and therefore suit land cannot be partitioned - Existence of Smadhis on the suit land was also accepted by both the Courts - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - Plaintiff's own case was that he was allowed to occupy the additional plot of land in question by defendants without any formal allotment - Plot of land admittedly belongs to a third person who is a migrant - Therefore, there is no legal right or interest created in favour of plaintiff so as to entitle..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating and transferring suit property during pendency of suit - Apprehension expressed by plaintiff of being put to irreparable loss and injury has been found to be baseless, as right if any of plaintiff shall be protected by application of principle of lis pendens -..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Court that entertains petition of compromise can determine its legality, at the time of recording compromise or when it is questioned by way of a recall application - No other remedy is available to party who is aggrieved by compromise decree as an appeal and fresh suit are not maintainable..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To visit the spot for measurement of property - Suit for possession - Mere measurement of property cannot be criteria for identification of property - Whether defendants are in possession of plot No.20 or plot no.17 is a matter which has to be decided during course of trial on the basis of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of registered sale deed - Suit filed after 13 years of execution of sale deed - Plea of bar of limitation - High Court was not right in holding that limitation period commences from the date of registration itself - Judgment of High Court is unsustainable...........
Civil Procedure Code, 1908, Order 7, Rule 10, 11(d) -- Return/rejection of plaint - Jurisdiction of Tribunal - Suit for permanent injunction claiming easementary right - S.83 of Wakf Act, 1995 permits entertainment of suit by Tribunal - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Question of limitation is a mixed question of fact - Since there is no undisputed evidence placed on record by defendant to prove that suit is barred by limitation, question of allowing application U.O.7.R.11 CPC does not arise - Only after trial, the issue whether suit is barred..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Adequate averments have been made in the plaint in respect of subject claim - Whether plaintiffs are legally entitled to suit claim or not can be adjudicated only after trial and not in the application U.O.7.R.11 CPC - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether Court is having the power or not to grant the reliefs as prayed for in the suit is a matter of trial and it cannot be decided in an application filed U.O.7.R.11 CPC for rejection of plaint...........
