Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff seeking impleadment of DDA and brother of defendant as party defendants - Suit property belonged to original owner by way of perpetual lease deed given by DDA - Various questions would arise regarding validity of sale done by brother of defendant - Reference was also made to..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Unconditional withdrawal of suit without taking permission of Court - Plaintiff is debarred from instituting fresh suit in respect of the same subject matter - Merely by adding sons of defendant, bar of O.23.R.1(4) CPC cannot be avoided...........
Evidence Act, 1872, Section 61, 64, 65, 74 -- Proof of Ancient Patta more than 100 years old - Original Patta not available, hence copy of the same cannot be exhibited - Plaintiff relied on village resettlement register in which reference of alleged Patta was found - However, existence of Patta is proved but nature of rights under Patta is not clear from contents of..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - More than one Court having jurisdiction - Plaintiff as `dominus litis' has a right to choose the Court and defendant cannot demand that suit be tried in any particular Court convenient to her/him - Mere convenience of the parties or any one of them may not be enough for the exercise of power but it must also be..........
Civil Procedure Code, 1908, Order 37, Rule 3(6)(b) - - Summary suit - Non filing of written statement - No scope for any further enquiry - Court to proceed further on the basis that claim in the plaint is accepted - Plaintiff is entitled to judgment forthwith...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Suit filed by plaintiff for setting aside compromise petition and consequential decree on the ground of fraud and misrepresentation, not maintainable in view of bar provided U.O.23.R.3A CPC - Suit rightly dismissed...........
Civil Procedure Code, 1908, Section 34 -- Interest - Deposit of plaint claim in Court - Such a deposit can never be treated as deposit of money in terms of O.21.R.1 CPC - Such deposit is only in order to avoid an order of attachment before judgment - Plaintiff is entitled to interest from date of suit till realisation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Sale deed challenged as null and void by non signatory - Question of fact arose as to when facts entitling plaintiff to file suit first accrued - Said disputed question can be decided after parties lead evidence - Issue of limitation can also be decided at time of final decision of..........
Registration Act, 1908, Section 17 -- Release deed - Claim of title - Claim of defendant on the strength of unregistered release deed in his favour by mother of plaintiff who herself did not have any right in it, does not convey any right to defendant and held to be not a valid document...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to incorporate the entire set of properties which were left over and are in continuity to case set up by plaintiff in plaint - Issues have been framed but evidence as yet has not been led - Refusal to allow amendment would leave the scope for filing fresh suit regarding..........
