Civil Procedure Code, 1908, Order 14, Rule 2 -- Eviction petition - Landlord tenant relationship - Court of the opinion that only on recording evidence that question can be decided - There is nothing wrong for directing recording evidence on all issues...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for partition and injunction - Petitioner having possession cannot intermeddle in the suit for partition - Moreover petitioner cannot claim any sort of right on the basis of an agreement which is prima facie not properly stamped and unregistered - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff in possession as per Revenue Record - Mere pendency of application for correction of revenue record is not sufficient to deny relief of injunction to plaintiff - Relief of injunction rightly granted...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff is in uninterrupted possession of property as per revenue record - Merely because defendants do not admit possession of plaintiff and claim to be in possession, is not sufficient to deny relief of temporary injunction particularly in absence of evidence to prove that defendants are in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not residing at the address provided by plaintiff - Report of summons was false - Defendant was not duly served - Ex parte decree rightly set aside...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Court having no pecuniary jurisdiction - Application filed when case was posted for final arguments - As per mandatory provision of S.21 CPC objection with regard to pecuniary jurisdiction has to be taken at the first instance and at the earliest possible opportunity - No such objection was taken by..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Extension of period of limitation for filing written statement - High Court has not committed any error in extending period of limitation in filing written statement, as period of limitation which could have been extended and/or condoned by Tribunal/Court is excluded and/or extended up to 7.10.2021 as per..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amended plaint - Failure to file amended plaint within stipulated time - If amended plaint is not filed within stipulated time, plaint cannot be amended thereafter...........
Civil Procedure Code, 1908, Section 149 -- Deficient Court fee - Delay in payment - If entire Court fee is paid within limitation period provided for filing suit, no notice is necessary to respondent in the application for condonation of delay in payment of deficient Court fee...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for mandatory injunction filed by tenant that he be permitted to carry out repairs to the dilapidated portion - Counter claim by landlord seeking vacation of premises on the ground of bona fide necessity - Counter claim filed after a gap of 13 years of institution of suit - Delay in seeking counter claim..........
