Civil Procedure Code, 1908, Section 92, Order 26, Rule 9 -- Suit u/s 92 CPC - Defendant seeking issuance of Commission before grant of leave u/s 92 CPC - It is not permissible to pass interlocutory orders in a suit u/s 92 CPC before leave to file suit is granted...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Merely saying that provisions of Rent Act are applicable and Civil suit could not be filed, is not a ground to give benefit to defendant - Defence rightly struck off...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Neither any representation U.O.15.R.5(2) CPC was filed within stipulated time nor any material placed on record by defendants to make out a case for not striking off defence - No material on record that rent amount was paid to plaintiffs by defendants - There is only oral averment..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to declare the documents executed during pendency of suit by defendant as null and void - Proposed amendment would not constitutionally or fundamentally change the nature and character of suit - Defendant executed document in spite of interim injunction passed by Court below, which shows..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While considering application U.O.7.R.11 CPC, Court is not required to take into consideration the defence set up by defendant in the written statement...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Application U.O.7.R.10 CPC at the instance of defendant - Not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Application at the instance of defendant is not maintainable - However, defendant is entitled to take a defence as regards lack of jurisdiction which would have to be considered by Court on merits in terms of applicable law including S.20 CPC either after trial or as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from alienating or encumbering suit property till disposal of suit - Partition suit - Defendant contended that there was already partition deed of the year 2008 - Right of plaintiff is to be ascertained in the trial and matter is to be considered on merits - If nature of..........
Evidence Act, 1872, Section 18 -- Admission by common ancestor in matter of inheritance - Where children from the first wife brought a suit for possession of their father's property disputing second marriage of their father, admission of their deceased father that defendant, as his legally wedded wife, was binding on the plaintiffs...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to amended plaint - Condonation of delay - Written statement to amended plaint raising certain formal issue is sought to be filed - Entire case will not be reopened for fresh trial - Once the defendant already filed written statement to unamended plaint in which certain formal issues were raised later on,..........
