Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Separate causes of action do not act as a bar and it is upto plaintiff to either join these claims together or bring separate suit for each cause of action...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar U.O.2.R.2 CPC - Recovery suits on the basis of promissory notes - Defendant borrowed loan amount from plaintiff and executed five promissory notes - Borrowal of loan amount and execution of promissory notes on different dates gives separate cause of action..........
Agreement to sell -- Specific performance - Plaintiff failed to show that agreement to sell was qua the suit land - Relief of specific performance rightly denied - Decree for recovery of Rs.2 lakhs alongwith future interest of 6% from the date of decree till realization is proper...........
Commercial Courts Act, 2015, Section 15(2) -- Transfer of pending cases - Commercial dispute - Suit was pending before Sub Court when Commercial Court for area was constituted - Suit should have been transferred to Commercial Court - Order directing return of plaint set aside - Court below directed to transfer the suit to Commercial Court...........
Will -- Proof of - Registered Will was executed in favour of one daughter/defendant - Will was proved by one of attesting witnesses of Will - Scribe of Will also deposed as DW9 - Wife of testator deposed that had other daughter and her children taken care of them then they would have given 1/2 share of suit property to them as well - Will in favour of one daughter of..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23, Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, Rule 22(3)(1) -- Property of mother - Eviction of son and daughter-in-law - Property has been allegedly purchased by father in the name of mother through general power of attorney and other supporting documents - Though..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant restrained from alienating the property or creating any charge on the same and not from using the property - In civil litigation involving property, suit property needs to be protected - Order partly allowing application, upheld...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Suit challenging mutation entries was dismissed by Revenue Court U.O.7.R.11 CPC - Ground raised in the present suit being barred by res judicata, prima facie, would not apply to the present matter...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for rectification of boundary number in sale deed - Plaintiff by way of amendment sought new prayer seeking direction to contesting defendants to rectify mistake - However, plaintiff failed to seek deletion of old prayer-B where he sought for direction to Sub-Registrar to rectify defects on behalf..........
