Document -- Will or deed confirming oral gift - Deceased husband transferred his self acquired property in favour of his wife so as to ensure her financial and social security - He was issueless and his wife/defendant no.1 has taken care of him till he breathed his last - Contents of document clearly indicates that husband had gifted property in favour of his wife - Said..........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Restraining defendant from raising any construction on the house of plaintiff - Plaintiff himself had raised construction on area exceeding the land owned by him - It was for plaintiff to prove the extent and boundaries of his land and that he had confined his construction within such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Averments in plaint only are to be seen and neither contents of application filed U.O.7.R.11 CPC nor any defence of defendant can be seen...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed and permanent injunction - Nothing in plaint to draw an inference that prior to 20.2.2022, plaintiff was aware of execution of sale deed by his father in favour of defendant - Suit filed in the year 2022 not barred by limitation...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appellate Court has given no reason whatsoever as to how defendant despite due diligence was not in a position to lead relevant evidence - Before coming to conclusion it was incumbent upon Appellate Court to have given its findings and reasons - Grounds raised in application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of registered sale deed - Plaintiff by way of amendment proposed to value the suit and proposed to pay Court fee - If the amendment is allowed wrong committed by counsel of plaintiff and Court would also be rectified - By way of proposed amendment nature of suit, cause of action or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on entire suit land - Plaintiff has no claim on entire suit land - By way of resumption proceedings, plaintiff is claiming only a share therein - Plaintiff thus, can resume part of suit land - He cannot be said to have a prima facie case for injuncting..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at the instance of defendant - A party can seek amendment of his own pleadings - Court cannot permit a party to amend pleadings of other party in any kind of suit - Even in a suit for partition where status of parties is interchangeable the same analogy cannot be applied to the matter of amending the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendant from transferring the suit property in a suit for specific performance - Plaintiff always ready to perform his part of the contract and such pleadings has to be proved at the appropriate stage of trial - Balance of convenience is in favour of plaintiff - Defendant..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 8, Rule 1 -- Appeal - Closure of right to file written statement - Same has direct effect on defendant if his reply is not to be considered - Impugned order can be termed as intermediary or interlocutory order - Defendant has remedy of filing an appeal u/s 19(1) of the Act of 1984...........
