Civil Procedure Code, 1908, Order 21, Rule 35, Civil Procedure Code, 1908, Order 20, Rule 12, Civil Procedure Code, 1908, Order 7, Rule 3 -- Execution - Decree for possession and mesne profits - Description of property - Suit was in respect of Plot No.4/4 and mesne profits and damages were awarded in respect of said plot - Decree thus, not executable against adjacent plot..........
Civil Procedure Code, 1908, Order 18, Rule 1, 3 -- Right to begin - Will propounded by defendant - Primary issue is proof of execution of Will and onus to prove such issue is on defendant - Other issues are formal in nature - Trial Court is just and proper in calling upon defendant to prove Will in the first instance - Rebuttal opportunity to defendant be given if found..........
Civil Procedure Code, 1908, Section 80(2), Order 7, Rule 11 -- Rejection of plaint - Non-compliance of provision of S.80(2) CPC - Multiple reliefs claimed and some reliefs claimed against private respondents - Matter requires adjudication after framing of issues and adducing evidence - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Wholesale remand without framing any issue and without application of mind, is not permissible - Order of remand set aside...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement without invoking provision of S.89 CPC - Appellant while withdrawing appeal is entitled to refund of full Court Fee as provided u/s 16 of Court Fees Act...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - It is only if a party is a necessary or a proper party that they can be directed by Court to be joined in the proceedings - If a person is not found to be a necessary or proper party, Court has no jurisdiction to order impleadment against the wishes of plaintiff...........
Service -- Resignation with proper permission to take up another appointment whether temporary or permanent, under Government shall not entail forfeiture of past service as per R.25(2) of Rajasthan Civil Services (Pension) Rules...........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Plaintiff by way of application sought production of title record along with site plan so as to facilitate him in identification of property in question, which were in possession of defendants - However, plaintiff has not placed anything on record to show that title documents are in..........
Civil Procedure Code, 1908, Section 64, Order 21, Rule 52 -- Execution - Attachment of property - Property in question mortgaged subsequent to date of attachment order of Court - Therefore, any payment to JDs of any debt, dividend or other monies contrary to such attachment shall be void as against all claims enforceable under attachment - Garnishee bank directed to..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Plaintiff sought to produce certain documents when defendant was leading his evidence - Additional evidence can be allowed when bona fide of applicant is not doubted and when it is absolutely essential to bring on record the additional evidence to meet the ends of justice - Since the case of plaintiff was..........
