Civil Procedure Code, 1908, Order 8, Rule 5 -- Written statement - Allegations of fact not denied specifically - Same are deemed to be admitted - By asserting adverse possession, defendant impliedly admitted plaintiff's title...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Specific Relief Act, 1963, Section 6, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in a suit for recovery of possession u/s 6 of Specific Relief Act - Petitioner claiming himself to be co-sharer of the property in question and claiming to be in joint possession and joint ownership of property - This plea is not tenable taking into consideration..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - A party cannot be impleaded by filing an application U.O.6.R.17 CPC - A person can be impleaded as a party only if there is an application filed U.O.1.R.10 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Plaint disclosing cause of action but same was cognizable by Revenue Court - Only course open to Civil Court is to return plaint and not to reject the same...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Jurisdiction - Return of plaint - At any stage of suit, plaint can be returned to be presented to the Court in which suit should have been instituted...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Cause of action cognizable by Revenue Court - Revenue Court cannot be excluded from the definition of Court for the purposes of O.7.R.10 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 4 -- Pleadings - Misrepresentation, fraud, breach of trust, wilful default or undue influence - O.6.R.4 CPC provides that dates and items in relation to plea of misrepresentation, fraud, breach of trust, wilful default or undue influence shall be mentioned in the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - At the stage when evidence is yet to be led on all the disputed questions of fact and law, question of limitation cannot be said to be a pure question of law so as to justify rejection of plaint at its threshold...........
Constitution of India, 1950, Article 226 -- Writ petition - Registration of document - Challenge as to - Writ petition would be maintainable only where there is failure on the part of registering authority to stick to the mandate of law and mere cancellation of registration of document is sought - Declaration that the document is null and void is exclusively within the..........
