Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant claiming ownership on the basis of sale deed - Earlier sale deed was declared null and void - Once basic foundation of title had been declared null and void, then subsequent owners would also prima facie have no rightful title - Merely because defendant has raised construction, it cannot be..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - No reason to entertain transfer petition - However, considering circumstances on record including advance age of parties, trial Court directed to expedite process and conclude proceedings as early a possible and preferably within one year - Transfer petition dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Cause of action and claim introduced and set up by way of proposed amendment clearly barred by limitation - Even otherwise plaintiff were precluded from raising the same issue which was already decided in first suit - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicants had purchased the suit land through registered sale deed - They are thus, necessary parties to be impleaded in the proceedings for proper adjudication of case - Application for impleadment of applicants rightly allowed...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Some adverse orders passed - It cannot be said that orders on judicial side are passed under influence - Transfer petition dismissed...........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Filing of false criminal case - If petitioners are aggrieved by FIR, remedy is to approach quashing of same - Same cannot be a ground to transfer proceedings - Transfer petition dismissed...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Striking out issues - Issues in question framed by trial Court without necessary pleadings - Issues are required to be framed with regard to only those pleadings which are asserted by one party and denied by other - Applications for striking out issues wrongly decided - Trial Court directed to frame necessary issues as per..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit filed for eviction was dismissed - Plaintiff filed subsequent suit for getting vacant possession of suit house and damages claiming himself as a title holder of suit house - No title was claimed in previous suit, thus whether the plaintiff was title holder or not was not involved directly and indirectly..........
Civil Procedure Code, 1908, Order 21, Rule 90(3) -- Acquisition of land - Dispute about the non-payment of acquired land by Respondent/Trust - The mandatory nature of the twin conditions to be satisfied before an auction sale can be set aside as provided U.O.21.R.90(3) CPC - No application to set aside a sale on grounds of irregularity or fraud under the Rule can be..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses through process of Court - Declined on the ground that same is sought after 15 days of framing of issues - Procedure prescribed U.O.16.R.1 is directory - Impugned order set aside - Court assistance be provided to summon witnesses...........
