Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff no.2 - Substitution of LRs - Multiple substitution applications filed by LRs of deceased plaintiff - Proper course is to bring all the heirs and LRs of deceased plaintiff on record including LRs who are claiming on the basis of Will of deceased plaintiff - Substitution application filed by petitioner No.3..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Objections - Petitioner did not abide by compromise decree and has not performed his part of obligation therein though he himself received benefits under said decree from DH - Objection of petitioners against execution petition were nothing but a challenge to compromise decree - Executing Court could..........
Civil Procedure Code, 1908, Order 20, Rule 14 -- Decree in pre-emption suit - Non-deposit of deficit amount - Balance amount to be deposited by appellant was not specified in the decree - Deficiency was only Rs.14 - Appellants had already deposited Rs.9200 including pre-emption amount - Predecessor-in-interest of appellants is in possession of property and mutation has..........
Civil Procedure Code, 1908, Order 7, Rule 10, Commercial Courts Act, 2016, Section 2(1)(c)(vii) -- Return of plaint - Lack of territorial jurisdiction - Agreement for which specific performance is sought for is a draft agreement, not signed by applicants - Provision of S.8 of Arbitration and Conciliation Act would not be applicable - Subject matter of suit would not..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of land - By appointing a commission to demarcate the land will not amount to collection of evidence in favour of one party for the reason that result remain a contingent and may favour either or none of parties - Application allowed...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Recall of - Defendant entered into settlement with plaintiff on the basis of GPA on behalf of his siblings and himself - None of siblings of defendant challenged the factum of execution of GPA - However, their allegations are that defendant had betrayed them and got GPA executed under wrong influence -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - First Appellate Court should not have proceeded to pronounce judgment without deciding application filed U.O.41.R.27 CPC...........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - Civil Court is prohibited from entertaining any suit to vary or set aside any decision or order of Consolidation Court passed under the Act in respect of the matter for which proceedings could..........
Civil Procedure Code, 1908, Section 9, Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, Section 37 -- Jurisdiction of Civil Court - Bar u/s 37 of 1956 Act - In the instant case, plaintiff has not instituted any suit either to vary or set aside any decision or order passed by the Consolidation Court under the Consolidation Act - Plaintiff had..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Limitation - Issue relating to limitation is a mixed question of law and fact and same cannot be decided at the stage of O.7.R.11 CPC...........
