Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Plaintiff and defendant both are co-defendants in earlier suit - Present suit not liable to be stayed as provision of S.10 CPC is not attracted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Defendants admitted the ownership of plaintiff upon suit property - Plaintiff has not laid any claim over land which is owned and possessed by defendants - Suit rightly decreed in favour of plaintiff - Second appeal dismissed...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Granted with condition to deposit an amount of Rs.15 lakhs in Court - Defendants failed to deposit the said amount even till date - Application filed by defendants for modification of said order of imposing condition rejected - Order passed by trial Court is within powers..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiffs and defendants are joint owners in possession over suit property and nobody has been shown to be in exclusive possession over suit land - Possession of one co-sharer is possession of all in the eyes of law - So even, if defendants raise construction over some portion, it will..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Introduction of facts within knowledge of defendants which were consciously suppressed in written statement and counter claim should not be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Relief of possession sought by way of amendment of plaint, as during pendency of suit possession is taken over by defendants - Plaintiffs thus, have every right to claim possession and also to claim decree of possession of land - Unless relief and pleadings with regard to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Parties are having their houses adjoining that lane which is subject matter of suit - Lane in question is used by house owners in order to approach village road that is meant for their ingress and egress - Description of lane is not disputed - Plaintiff when claims that obstructions..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchasers - Suit for declaration of title and perpetual injunction - Registered sale deed was executed in favour of respondents in respect of suit property pending the suit - Unless evidence was led on aspect of sale transaction, no one could conclude whether said transaction is genuine or..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections - Obstruction petition filed by defendants u/s 47 CPC has already been struck off - Defendant is bound by decree which is confirmed by Supreme Court - Defendants filed another application U.O.21.R.97 CPC by misusing the process - Application rightly rejected - Civil Misc. Appeal thereagainst struck..........