Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1885 days in seeking setting aside ex parte decree - Matrimonial case - Affidavit supporting petition to condone delay devoid of any material particulars - Though, husband stated that he was under treatment for mental illness, but dates of alleged treatment if..........
Civil Procedure Code, 1908, Section 92 -- Public trust - Once a property is dedicated for public charity and merely for reason that same is being used by one of trustees or his legal heirs for personal use, it will not become their own property and will remain a public property...........
Civil Procedure Code, 1908, Section 92 -- Public trust - Leave to file suit u/s 92 CPC - Defendants admitted execution of trust deed - Contention of defendants that they are using property for their own use and some shops have been let out and their names are recorded in Nagar Palika record does not confer any right or title on them - At the stage of grant of leave, prima..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejection of plaint - Application for amendment of plaint pending - Application for amendment of plaint be decided prior to deciding application for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Vexatious claim should be thrown out at the threshold...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for permanent injunction - No privity of contract between plaintiffs and defendants - Decree of declaration of sale deed which is executed by defendant No.1 in favour of defendant Nos.2 & 3 does not give any cause of action to plaintiffs to institute suit seeking..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Properties are situated in two separate districts - However, trial Court has not considered the said fact - Impugned order of allowing application does not relate to any such attachment before judgment except to make an entry in record of Registering Authority - Provisions of O.38.Rr.5, 6 CPC are..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Conduct of a party seeking discretionary relief is of utmost importance besides consideration of three basic ingredients for grant of temporary injunction viz. prima facie case, balance of convenience and irreparable loss and injury...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising any construction or changing nature of suit land till same is partitioned in accordance with law - Defendant after having purchased portion of suit land from his father, raised construction during his life time - No specific denial to said fact by plaintiff -..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Temporary injunction - In a suit for mandatory injunction, no relief of temporary injunction can be granted, which will amount to passing a decree of mandatory injunction itself...........
