Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Suit for specific performance - Plea regarding maintainability of suit - Plea is required to be raised in first instance in the pleading (written statement) then only such plea can be adjudicated by trial Court on its merits as a preliminary issue U.O.14.R.2 CPC - Having not raised said plea in written..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Plaint - Description of property - Where subject matter of suit is immovable property, plaint shall contain a description of property sufficient to identify it - Such description enables the Court to draw a proper decree as required by O.20.R.3 CPC - In case, such property can be identified by boundaries or numbers in a record..........
Civil Procedure Code, 1908, Order 21, Rule 34, Civil Procedure Code, 1908, Order 7, Rule 3, Civil Procedure Code, 1908 -- Execution - Decree for specific performance - Property not identified definitely - Successful plaintiff cannot be deprived of fruits of decree - Executing Court to take such steps as may be necessary for fixing identity of property - Executing Court may..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Partition suit - Positive statement required by law to be pleaded in the plaint regarding constitution of HUF missing - Plaint does not disclose actionable cause of action - Proposed amendment of plaint does not improve this lack of actionable pleading - Plaint rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Both plaintiff and defendant are in equal shares of property - Defendant is wife of plaintiff and plaintiff already directed to provide residence in shared household to his wife/defendant in petition u/s 23 of PWDV Act filed by her - In such situation granting of injunction in favour of..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Error has to be self evident and is not to be found out by a process of reasoning...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Application be disposed of as expeditiously as possible...........
Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of Managing partner during pendency of suit - Suit does not abate on death of one of the partners during pendency of suit - Question substituting heir and legal representative of the partners does not arise - Death has no impact on suit...........
Civil Procedure Code, 1908, Section 11 -- Explanation IV - Constructive res judicata - Execution proceedings - No objection filed as to executability of decree before passing of order U.O.21.R.23 CPC - Objection filed subsequently deemed to be barred by principle of constructive res judicata...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Amin (Court) Commissioner - Suit for declaration of right, title and interest and correction of settlement map - Dispute as to measurement of land - There is no impediment to appoint Amin Commissioner to ascertain measurement of land - Application allowed...........
