Agreement to sell -- Specific performance - Agreements in question were money transactions and not agreement of sale - It is also proved on record that plaintiff is money lender - Held, alternative relief awarded by both Courts below by passing a decree for payment of money justified - Appeal dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Compromise decree - Separate suit to set aside - Decree under challenge alleged to be not merely lack of consent but also a case of impersonation - Held, suit for setting aside decree is maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Property transferred and transferee impleaded as respondent in appeal - Such a transferee was virtually in the position of plaintiff having obtained a valuable right from the plaintiffs, who had obtained a successful decree - In such a situation, there is no question of plaintiff..........
Transfer of Property Act, 1882, Section 105, 106, Civil Procedure Code, 1908, Section 11, 100 -- Eviction suit - Failure to challenge decree - Finality of - Appellant on one hand and respondent on other hand filed two separate suits in respect of same property - Suits were tried together and a common judgment was rendered decreeing suit filed by respondent and dismissing..........
Civil Procedure Code, 1908, Section 96, 2(2) -- Suit barred by limitation - Formal order dismissing suit as time barred - Whether a decree and appealable to first appellate court? - Held, order holding suit bared by time cannot partake character of a "decree" irrespective of fact that a formal decree sheet has been draw, up - Dismissal of suit on ground of limitation would..........
Civil Procedure Code, 1908, Order 21, Rule 58 -- Execution of decree - Objections of auction purchasers rejected - Period of 99 years of lease created through lease deed dated 23.11.1911 has expired on 22.11.2010 - Courts below had already held in favour of petitioner that auction purchaser would be having right till 22.10.2010 - Said period has already expired and as..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte decree - Setting aside - Summons not duly served - Report of refusal - Not attested by an independent witness - Process server was told that defendants had gone to his workshop - Does not amount to refusal - No justification to order substituted service - Order..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Omission of an issue or unsatisfactory nature of the issues framed - Parties alive to the point and adduced evidence and have discussed it in the trial Court judgment - Decree will not be set aside...........
Criminal Procedure Code, 1973, Section 386, 402, 407 -- Different appeals arising out of the same judgment - Clubbing of - Application for - Requirement of - Held, no application is required for directing the connecting of cases arising out of different decree, judgment or order and such cases shall be connected whether there be any application or not - Such a direction or..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Section , Order 5, Rule 20 -- Exparte divorce Proceedings - Setting aside - Summons not duly served - No occasion to effect substituted service by way of affixture unless shown that service was refused - Decree obtained in fraudulent manner in undue haste to perform remarriage - Conduct of husband..........
