Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - No question framed about lack of evidence, sub letting or incorrect appreciation of facts by Appellate Court on which the final finding of High Court is returned - More so, there is no discussion by High Court as to reasons required for departure from substantial questions of law framed at the stage..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint clearly reveals that pleadings incorporate several facts which disclose cause of action for filing the suit - Moreover, same is a triable issue, which cannot be dealt summarily in an application for rejection of plaint - Application rejected...........
Civil Procedure Code, 1908, Order 9, Rule 6 -- Defendant proceeded ex parte - Preponing the date - When defendant had appeared in the suit, act of preponing the date without notice to them or their Advocate was completely illegal and contrary to elementary principles of natural justice...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit was decreed ex parte without giving proper opportunity to defendants to defend themselves - Conduct of suit proceedings and the manner in which ex parte decree was passed is illegal - Ex parte decree set aside with directions...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Pronouncement of judgment - Suit was lying dismissed in default for 4-1/2 years - Defendant cannot be blamed for this period of delay in disposal of suit - Moreover, defendant already filed written statement and same cannot be ignored - Application rightly rejected...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff failed to prove his possession over the suit property as tenant - He is thus, not entitled to decree of permanent injunction...........
Rent and Eviction -- Compromise - Tenant was to deposit 12,500/- - In case this amount was deposited eviction petition was to be dismissed and in case this amount was not deposited then eviction petition was to be decreed - Tenant deposited this amount - Consent order dismissing petition was passed - In execution of consent order an order was passed that name of tenant be..........
Joint Property -- Co-owners - Undivided suit property is left with co-owners to proceed in accordance with law to get their shares determined and demarcated before making a transfer...........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii) -- Bar u/s 195(1)(b)(ii) Cr.P.C - Forgery - Documents were not forged when the matter was sub-judice before civil Court - Suit was filed by respondents seeking certain reliefs and in the suit the forged document was filed - Bar u/s 195(1)(b)(ii) Cr.P.C is not attracted...........
Agreement to sell -- Suit for specific performance - Suit filed on the last day of limitation - Plaintiff is not entitled to relief of specific performance...........
