Civil Procedure Code, 1908, Section 100 -- Decree against transferor - Leave to file second appeal by transferee pendente lite - Plaintiff has succeeded in proving his title through original owner and applicants are claiming through transferor/respondent no.5 who acquired title from legal heirs of original owner - However, in view of transfer of title by original owner in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Notice to defendant - Amendment was carried out after defendant was proceeded ex parte and apportionment of share in partition suit was claimed - In absence of any notice to defendant pleading would remain unchallenged, therefore substantial loss would be caused - Notice to defendant was required and in..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay in filing appeal against ex parte decree - Ex parte decree though passed on 21.12.2021 and defendant received notice of same on 21.7.2022 - Consequently, appeal was filed with delay - Valid reasons have been assigned - Delay in filing appeal condoned...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff simultaneously intended to prosecute two suits on same cause of action and to go to any extent to secure ex parte injunction behind the back to caveator - Trial Court committed error by permitting plaintiff to file another suit while earlier suit was pending and to grant injunction without..........
Criminal Procedure Code, 1973, Section 97 -- Search warrant - Wrongful confinement of child by father - When the dispute is between close relations, it would be proper for Magistrate to hear both sides before forming an opinion as to whether confinement amounts to illegal confinement or not - SDM therefore ought to have at least issued notice to father of child and his..........
Stamp Act, 1899, Section 47A(3) -- Deficient stamp duty - Recovery - Limitation - Period prescribed for initiation of proceedings under the provision is three years - No notice can be issued after expiry of three years...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Agreement executed on 24.01.2001 - Suit filed on 03.01.2022 - No date or period has been fixed for performance of agreement or for execution of sale deed - Defendant denied the agreement for the first time on 8.11.2021 by way of reply to notice -..........
Civil Procedure Code, 1908, Section 80 -- Notice u/s 80 CPC - Requirement of S.80 CPC can be waived by defendants - Once the defendants have waived the requirement of S.80 CPC by not raising the same in written statement, plaintiff cannot be non suited on the ground of premature nature of suit...........
Civil Procedure Code, 1908, Order 21, Rule 90 -- Auction sale - Setting aside - JD contended that property auctioned does not belong to her husband - However, no documents were filed to that effect - Unless JD proves that sale was conducted because of fraud or irregularity in publishing proclamation of sale or substantial injury or non-issuance of notice, sale cannot be..........
Stamp Act, 1899, Section 47A(3) -- Deficient stamp duty - Recovery - Limitation - Period prescribed for initiation of proceedings under the provision is three years - No notice can be issued after expiry of three years...........
