Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife is a young lady aged about 21 years staying alone along with her aged parents - She does not have any source of income of her own as she is not employed and is totally dependent on her parents for her livelihood - It is difficult for her to travel all the way from Chennai to Vellore to attend..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Issue of law - Issue of law as mentioned in application does not contain issue relating to jurisdiction of Court or a bar to suit created by any law for time being in force - Contention that issue of law has to be decided first, not tenable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit property and from creating third party rights - While deciding application observation made on merits of suit - Virtually it is final adjudication of matter - Impugned order quashed and set aside - Trial Court to decide suit itself within a period of one..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 1 -- Rejection of plaint - Bar of subsequent suit - Earlier suit for partition dismissed as withdrawn - Cause of action for a suit for partition is a recurring one and where partition suit is dismissed, it does not bar filing of a subsequent suit, as even after dismissal of former..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Purpose and object of O.15.R.5 CPC is to ensure that after determination of lease, while tenant is occupying the suit property during pendency of eviction proceedings, landlord must not be deprived of rent qua said period as it would cause undue loss to him...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Rate of rent between parties is Rs.2 lakhs per month which is not specifically denied by tenant - Nothing on record to prima facie substantiate the submission made by tenant that he paid the rent regularly - Even if Rs.15 lakhs paid by tenant to landlord as security as alleged by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating suit land till disposal of suit - Plaintiff claimed title to suit land on basis of purchase made in the name of predecessor-in-interest of defendant - However, there is no details of sale by virtue of which, plaintiff claims to have purchased suit land - No..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction - Second suit for cancellation of sale deed alleging it to be void - Propriety of sale deed not challenged in the earlier suit though it was alleged that sale deed is a void document - There is absolute relinquishment of right on part of plaintiff to put a..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21(1) -- Proviso - Impleadment of a party - Suit by tenant u/s 6 Specific Relief Act - Impleadment of new tenant - Non-impleadment of new tenant within statutory period prescribed u/s 6 of Specific Relief Act, was due to bona fide mistake and because of lack of plaintiff's knowledge about the fact..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Impleadment of third party on the ground that third party may have some material which would assist Court to arrive at correct determination of lis is impermissible in law - Such a person may be material witness, he certainly is neither a necessary nor a proper..........
