Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Conditional leave to defend - Order of trial Court granting conditional leave was never called in question by either of parties - Said plea cannot be entertained by High Court while adjudicating appeal filed against impugned judgment of decreeing suit...........
Civil Procedure Code, 1908, Order 37, Rule 3(6) -- Summary suit for recovery - Court trying a suit U.O.37 CPC is within its powers to pass a decree U.O.37.R.3(6) CPC in favour of plaintiff forthwith on account of failure of a defendant to comply with conditions upon which leave is granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiffs failed to prove very basis to claim share in the suit property - Suit property was not ancestral property - No prima facie case is made out in favour of plaintiff - Application rightly rejected...........
Suit for recovery of possession -- Suit for possession by a vendor seeking recovery of possession is maintainable and is not dependent on their ownership...........
Indian Contract Act, 1872, Section 65 -- Restitution - Possession delivered to proposed vendee under agreement to sell - Defendant claims that plaintiff lost his title over the suit land and contract stands frustrated - Defendant being beneficiary under the void contract needs to restore back the advantage that he received under the void agreement as per the mandate of..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendants as plaintiffs can only be in the circumstances: (i) when plaintiff has withdrawn the suit or abandoned the suit and (ii) when defendant has substantial question of law to be decided against any other defendant...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deeds - Plaintiff did not establish by cogent evidence regarding his status as that of an illiterate person so as to dislodge the sale deed and exercise of undue influence having not been proved - However, burden having been sufficiently discharged by defendant as regards due execution..........
Agreement to sell -- Specific performance - Plaintiff did not give any advance intimation to defendant imploring him to receive the balance consideration and execute the sale deed on the schedule date when he straightway proceed to Sub-Registrar's office or anytime thereafter - Instead, he directly proceeded to file the subject suit - Ex-facie, averments set out in the..........
Agreement to sell -- Specific performance - Plaintiff being a Police Constable was mandatorily required to seek permission from his department before entering into an agreement to purchase property of a high value - However, admittedly, he did not seek any such permission from the department - It is not the case of plaintiff that he and defendant were on such close terms..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - In exercising discretion U.O.1.R.10 CPC, Court will take into account the wishes of plaintiff before adding a third person as a defendant to his suit - However, if Court finds that addition of new defendant is necessary to enable it adjudicate effectively and completely the matter in controversy..........
