Civil Procedure Code, 1908, Section 92, 93, Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, Section 5(e) -- Suit for possession of trust properties - Maintainability - Institution in question is a Hindu religious institution and endowment, having regard to duties discharged by it and intentions of propounder of trust - Temples were established for..........
Civil Procedure Code, 1908, Section 115, Order 18, Rule 17A -- Revision petition - Dismissal of application for leading secondary evidence by Trial Court and Appellate Court - Upon perusal of Will it is found that second page was missing but Will was almost complete as the first page does bear thumb impressions of testator as well as attesting witnesses - Therefore, matter..........
Civil Procedure Code, 1908, Order 33, Rule 1, Civil Procedure Code, 1908, Order 44, Rule 1, 3 -- Indigent person - Permission declined to institute suit as indigent person - Not a bar to file appeal as an indigent person - Appellate Court to hold inquiry as contemplated U.O.44.R.3(2) of the Code and to pass appropriate orders...........
Civil Procedure Code, 1908, Section 47, 21 -- Execution - Objection as to territorial jurisdiction of Court passing the decree - Such an objection does not lie before executing Court...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - High Court did not discuss nor dealt with any issues arising in the case nor dealt with submissions urged by appellant and why appeal did not involve any substantial question of law - Impugned order set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Dismissed in limine by holding that appeal does not involve any substantial question of law - However, cursory reading of judgments of trial Court and First Appellate Court shows that second appeal involves substantial question(s) of law and therefore second appeal should have been admitted for final hearing by..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Application cannot be dismissed by holding that suit is not maintainable in the absence of an application filed U.O.7.Rr.10, 11 CPC - No such prayer could be appreciated and that too in the application U.O.39.Rr.1,2 CPC - Impugned order set aside...........
Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Specific pleading - When not specifically denied by defendant, it is deemed to have been admitted...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Preservation of suit property till disposal of suit - Direction to defendant no.2 - Partition suit - Defendant no.2 had expired - However, no steps taken by plaintiff to bring on record LRs of deceased defendant - Trial Court decided the application U.O.39.R.7 CPC without considering the fact that order U.O.39.Rr.1, 2 CPC is..........
Civil Procedure Code, 1908, Order 39, Rule 1, Constitution of India, 1950, Article 227 -- Interim injunction - Refusal to grant - Writ petition u/art 227 of Constitution challenging said order is maintainable...........
