Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - After closure of a lis - Not permissible...........
Civil Procedure Code, 1908, Order 20 -- Final decree - Preliminary decree does not completely dispose the civil suit and suit continues till final decree is passed - There is therefore, no need to file an application and apply for final decree proceedings by litigants - It is an obligation on Court to draw up final decree...........
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 116, Transfer of Property Act, 1882, Section 48 -- Possession - Permanent injunction - Once defendant No.2 had transferred rights in suit property to plaintiff in terms of documentation, then subsequently, merely because DDA had executed a conveyance Deed in favour of defendant No.2 would not mean that..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of the plaint U.O.7.R.11 CPC - Does not operate as a bar of res judicata - Therefore, judgment passed by Court below does not have effect of divesting ownership title of plaintiff in the suit property and which was purchased in terms of documentation executed by defendant No.2 in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint/dismissal of suit - Issue of relationship of landlord and tenant decided by Rent Controller - Same issue re-agitated in civil suit - Issue already settled cannot be allowed to be re-agitated all over again - Suit dismissed in exercise of inherent power u/s 151 CPC...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - An issue which is decided by a Court of limited jurisdiction shall operate as res judicata in a subsequent suit notwithstanding that such Court of limited jurisdiction was not competent to try subsequent suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for injunction - Co-sharer - Restraining defendants to raise construction - Once plaintiff himself raised construction over one portion of land, he cannot raise objection, if any, qua construction on other portion of land, by defendants...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 4 -- Vacation of status quo order - Suit for injunction - Restraining defendants from raising construction over motorable path - Admittedly, suit property is joint inter se parties - Plaintiff failed to prove any family arrangement in previous suits filed against defendant - Revenue record also indicate that suit land is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of divorce petition - Amendment sought to incorporate additional ground of adultery - Divorce petition on the ground of cruelty already sought by husband - If some facts relating to seeking divorce additionally come into knowledge of husband, same can always be brought on record by moving application or amendment of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Non-impleading of LRs of deceased defendant - Omission to implead LR of a defendant - Suit will not abate as a whole, if interest of co-defendants are separate, as in case of co-owners, suit will abate only as regard particular interest of deceased party...........
