Civil Procedure Code, 1908, Order 22, Rule 10 -- Death of original defendant - Assignment of interest by defendant - Impleadment of assignee pendente lite - Challenged on the ground of delay - Original defendant prosecuting suit whilst he was alive and applicants can be said to have condescended to such prosecution - It is only after death of original defendant that..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Suit not filed within 3 years of date of refusal by defendant held barred by limitation - However, plaintiff contended that recovery of possession also sought and in respect of same limitation is of 12 years - Contention rejected, as suit is filed..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection of counter claim - In addition to parameters provided in O.7.R.11 CPC, Court may also have to examine as to whether rejection of counter-claim would have the effect of striking off the defence or rendering defendant defenceless...........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiffs specifically stated that they gave amount to defendant for taking distributorship - Defendant having failed to return said amount executed one written agreement admitting amount given by plaintiffs and also agreed to sell suit land to plaintiffs - Defendants did not appear before Court below..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining alienation of property - No documents filed by plaintiff for showing any of the items are the properties acquired in the name of plaintiff and nothing even showing any property a joint family property - Order granting injunction set aside - However, any alienation by defendant in favour..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - In every suit, plaintiff has right to begin unless defendant admits the facts alleged by plaintiff and contends that either in point of law or on some additional facts, plaintiff is not entitled to any part of the relief...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Touchstone upon which suit has to be decided is lawful possession and not ownership - Since defendant filed a separate suit against plaintiff for declaration of ownership of suit property and same is dismissed, there is no need to express any opinion on question of title and ownership of plaintiff - High Court..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Testator bequeathed his property under Will in favour of one of his daughter/defendant to the exclusion of other two daughters/plaintiffs - No plausible explanation given by defendants as to why plaintiffs had been excluded from reach of suit properties - Material on record shows that testator was equally..........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Proof of - Mere proof of execution of gift deed is not sufficient, as execution of gift deed is not disputed - Rather, burden was on defendant to prove that plaintiff executed the gift deed in their favour by her own sweet will having understood the contents of gift deed - Defendants though stated that contents of..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Maintainability - Where plaintiff established his possession and enjoyment of extent of his share inclusive of extra land as claimed by defendant, there is no need on part of plaintiff to institute suit for recovery of possession of disputed property - Suit for declaration and..........
