Civil Procedure Code, 1908, Order 7, Rule 3, Specific Relief Act, 1963, Section 39 -- Plaint completely lacking description of suit properties so as to identify the same - Suit for mandatory injunction to remove construction alleged to have been made by defendant - However, plaint does not contain the breadth and length of the alleged construction or survey numbers, in..........
Administration of Evacuee Property Act, 1950, Section 7, 46 -- Evacuee property - Permanent injunction - Jurisdiction of Civil Court - Held, jurisdiction of Civil Court was not barred for entertaining suit for permanent injunction as there was no evidence on record which State produced that property in dispute has been declared evacuee property...........
Civil Procedure Code, 1908, Order 22, Rule 4, Limitation Act, 1963, Section 5 -- Suit for specific performance - Condonation of delay in filing substitution application - Substantial amount given as advance money - Held, there is no question of any malafide or delay in such matters i.e. a suit relating to specific performance of contract to sell where a substantial amount..........
Civil Procedure Code, 1908, Order 22, Rule 5, Rajasthan Premises (Control of Rent and Eviction) Act, 1950, Section 3(vii)(b) -- Eviction petition - Application for substitution as legal heirs - Demised premises was leased out for commercial purposes - There was not even a whisper in the application that applicants or any of them had been or ever carried on business in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Strict liability - Held, ingredients of S.138 of N.I. Act creates a strict liability - Whether to take recourse to a proceedings u/s.138 of N.I. Act or to file a civil suit by means of a civil remedy is within the choice of affected person - S.138 of the Act has specified a contractual violation as an..........
Civil Procedure Code, 1908, Section 146, Order 9, Rule 9 -- Non-prosecution of suit - Dismissal thereof - Recalling of suit by third party - Held, once a suit has been dismissed it can only be recalled U.O.9.R.9 CPC by plaintiff alone and cannot be recalled at the instance of third party - A third party can move an application u/s 146 CPC during the pendency of suit...........
Civil Procedure Code, 1908, Order 39, Rule 1,2 -- Temporary injunction - Suit for permanent injunction itself not maintainable - Held, application for temporary injunction also not maintainable and is liable to dismissed on that ground alone...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97,98,99,100,101,102 -- Execution - Decree of specific performance - Objector claiming to be in possession of property in dispute in his independent right and that he is wrongly dispossessed in execution of decree - Objector has absolutely no independent concern with property in dispute and he was objecting only on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for recovery of money - Amendment sought to include alternative relief of mandatory injunction/specific performance - Amendment changing basic nature of suit and cause of action - Held, amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Scope of O.9.R.13 CPC - Held, proceeding U.O.9.R.13 of the Code is not concerned with merits of the suit but is concerned only with two things, viz. summons were not duly served on defendant or that he was prevented for any sufficient cause from appearing when suit was called on for hearing...........
