Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Provision of O.15.R.5 CPC can be invoked when suit is instituted for recovery of possession by eviction of lessee and for recovery of amount of rent or compensation for use and occupation of the premises...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Possession of leased premises handed over to plaintiff in view of subsequent development - Default if any stands purged, as possession has been already handed over - Suit is now only for recovery of amount of lease money - O.15.R.5 CPC is not longer applicable - Order of striking of defence set aside...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Money suit - Trial Court allowed application filed by plaintiff U.O.26.R.10-A CPC to examine signature of defendant by handwriting expert - Defendant did not challenge said order - Since defendant did not challenge said order before any superior Court, she cannot raise plea at the time of second appeal as a matter..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Money suit - Concurrent findings of both the Courts below being finding of facts that plaintiff had ability to provide loan of Rs.1 lakh to defendant and having held so both the Courts below decreed the suit in favour of plaintiff, cannot be interfered by High Court in exercise of its jurisdiction u/s 100 CPC -..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Plaintiff sought partition of suit property acquired jointly by plaintiff and defendant through sale deed - Impleadment of daughters of predeceased wife of defendant, cannot be faulted with as they are not necessary parties - Non-joinder of heirs of wife of defendant to suit..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Issue regarding readiness and willingness being a question of fact was gone into by Courts below and concurrently held that nothing has been brought on record to show that father of plaintiff after entering into agreement with defendant and till his death was ready and willing to..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Rajasthan Rent Control Act, 2001, Section 9(A), (I), (E), (F), 21(3), Evidence Act, 1872, Section 45 -- Eviction petition - Tribunal denied to be take documents on record - Since said documents were denied to be taken on record, therefore, Tribunal observed that there was no justification for taking report of handwriting..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent and mandatory injunction - Name of plaintiff recorded in revenue record - Plaintiff has a right to seek remedy before Civil Court, as no declaration of title is involved...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Lower appellate Court while exercising power u/s 96 CPC is final Court on both law and fact - It is thus, permissible for Lower appellate Court to re-appreciate evidence and come to contrary finding...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Stated to be explanatory only - Pleading has to be based on facts in concise manner - Amendment of pleadings for the purpose of explanation cannot be allowed...........
