Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Plaintiff wants to convert the suit for permanent injunction to specific performance on the basis of agreement to sell - Originally suit for permanent injunction filed against President and Secretary individually - Appropriate party would be society represented by its..........
Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Order 7, Rule 3 -- Partition suit - Necessity of filing site plan - When specific details are given in the plaint, there is no requirement, as such, of site plan...........
Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Section 100 -- Partition suit - Suit property jointly owned and possessed by parties - Defendant no.1 made attempt to prove on record that after collapse of house, he constructed new house, but defendant`s witnesses admitted that house was reconstructed during lifetime of their father on expenses borne jointly by..........
Indian Penal Code, 1860, Section 406, 506, 34, Criminal Procedure Code, 1973, Section 482 -- Agreement to sell - Owner of property refusing to execute sale deed and at the same time refusing to refund the amount so received by him - It cannot be said that allegations are predominantly of civil in nature - Criminal intent on the part of accused is involved in the case...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for partition - Whether barred by O.2.R.2 CPC - Suit for partition with respect to joint property is based on continuing cause of action - Even though cause of action in instant suit is not as that in previous suit - Suit for partition not barred by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Once the First Appellate Court formed an opinion to remand the case, it was required to give reasons in support of remand order - There was no need to discuss the matter on merits...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal against remand order - High Court had no jurisdiction to decide the appeal on merits while deciding the appeal U.O.43.R.1(u) CPC, as it gives limited power to High Court to examine the issue relating to legality of remand order...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Once the First Appellate Court allowed the application U.41.R.27 CPC and took on record the additional evidence, it rightly set aside the judgment of trial Court giving liberty to parties to lead additional evidence in support of their case, which in turn, enabled the trial Court to decide the civil suit afresh on..........
Civil Procedure Code, 1908, Order 41, Rule 20(2), Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Appeal - Impleadment of a party - Petitioners as pro forma defendants failed to file written statement and proceeded ex parte in title suit - They never tried to recall ex parte order passed against them - Rather, application U.O.1.R.10(2) CPC was filed by petitioners twice..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6A -- Amendment of written statement to introduce counter claim - Suit for partition and permanent injunction - Application seeking to introduce counter claim after closure of plaintiffs evidence - Moreover, cause of action, accrued to defendants after delivery of their defence - Thus,..........
