Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Grant of leave - Interest in suit is an essential ingredient of S.92 CPC to enable plaintiffs to institute a suit - Unless plaintiffs show a specific interest in trust, defendants will not be able to challenge it as question of fact - General words or expressions that plaintiffs are interested, without specifying..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Appeal against interim order passed during pendency of first appeal - It would be in interest of all parties to the appeal, that appeal itself be disposed of finally on merits and interference of interim orders not warranted - High Court requested to expeditiously dispose of appeal on merits...........
Civil Procedure Code, 1908, Section 148 -- Extension of time for depositing consideration money - Execution of decree - Suit for specific performance - In absence of any explanation, decree-holder cannot at his own will can seek execution of decree on depositing balance amount...........
Civil Procedure Code, 1908, Order 8, Rule 6 -- Set off - Not permissible when Court fee is not paid on amount claimed as set off...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Intent and object of O.12.R.6 CPC is to enable a party to obtain a speedy judgment to the extent the relief is admitted by defendant...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Termination of agreement to sell by plaintiff - Existence, execution and validity of agreement to sell is an admitted fact - Clause of agreement specifically provided that in the event of its termination, defendants shall be entitled to forfeit 25% of earnest money paid at the time of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Sale deed - Execution not denied - Court cannot straightaway proceed to hear appeal, after admitting additional evidence, without affording opportunity to lead evidence in rebuttal or to explain the alleged admission...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - It is only the plaint and not projected defence in written statement which is to be looked into to decide application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Held, defence projected in written statement cannot be looked into to decide application for rejection of plaint - It is only the plaint which is to be looked into to decide application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suppression and concealment of earlier suit between parties which attained finality - Recourse to O.7.R.11 CPC is not appropriate - Trial Court may after framing the issues, take up the issues which pertain to maintainability of suit and decide the same in the first instance...........
