Civil Procedure Code, 1908, Section 151, Order 15, Rule 5 -- Striking of defence - Recall of order - Defendant/tenant completely negligent in complying with provision of O.15.R.5 CPC, as he failed to pay monthly rent regularly - Even, defendant was negligent in depositing the amount and interest even after filing of application U.O.15.R.5 CPC and deposited the same after..........
Adverse possession -- Perfection of title by adverse possession - Once the right, title or interest is acquired it can be used as a sword by plaintiff as well as a shield by the defendant within ken of Article 65 of Limitation Act and any person who has perfected title by way of adverse possession can file a suit for restoration of possession in case of dispossession...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Death of defendant during pendency of application to set aside ex parte decree - Property alienated during pendency of application to set aside ex parte decree - Impleadment of transferee pendente lite - High Court allowed impleadment..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - Leave to defend - Defendant raised triable issues but has not advanced a defence which entitles it to unconditional leave to defend - Defences raised by defendant are plausible but do not answer to the standard of fair or reasonable - Leave to defend rightly granted to defendant - Interest of..........
Easements Act, 1882, Section 52, Transfer of Property Act, 1882, Section 105, Specific Relief Act, 1963, Section 6 -- License or lease - Defendant granted license to plaintiff to carry on business of selling jewellery and handicrafts within hotel lobby - No interest created in respect of shop by defendant in favour of plaintiff - Plaintiff was not in exclusive possession..........
Limitation Act, 1963, Article 113 -- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period of limitation from date of declaration..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Documents not filed alongwith written statement - Documents sought to be produced after closure of evidence by plaintiff - It will cause prejudice to plaintiff as he will not have opportunity to controvert said documents - If he had known about these documents, he would have also filed documents..........
Family Courts Act, 1984, Section 7(1) - - Matrimonial relationship - Dispute as to whether defendant is son of `B' or `V' would not fall within realm of jurisdiction of Family Courts, which are Courts of limited jurisdiction - Relief sought would fall u/s 34 of Specific Relief Act, well within domain of ordinary Civil Courts...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - There is no bar for Court to add legal heirs of a defendant who was dead at the time of institution of suit, if such legal heirs are necessary parties for proper and effective adjudication and to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Death of defendant prior to institution of suit does not make case void and ab initio and case can continue in presence of legal heirs of such sub deceased party...........
