Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for permanent injunction - Matter relating to public property - Permission of Court U.O.1.R.8 CPC necessary before starting of hearing of case not taken by plaintiff - Even trial Court permitted parties to adduce evidences and passed judgment by dismissing suit without completion of formalities of O.1.R.8..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Possession delivered in pursuance of unregistered agreement to sell - Restraining defendant not to interfere in possession of plaintiff over it and not to create obstruction in construction being carried out by plaintiff - Unregistered agreement to sell is inadmissible in evidence and does not legally..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will and gift deed in favour of defendant Nos.1 & 2 - Said Will and gift deed was never in the knowledge of plaintiff and he came to know of this fact first time from the written statement of defendants - Moreover, said documents were not in the possession..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act - However, same is undoubtedly an..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which were dishonoured and he was..........
Punjab Registration of Money Lenders Act, 1938, Section 3 -- Applicability of Act - Recovery suit - Where plaintiff is not a "money lender", and the amount advanced does not qualify as a "loan", Act has no applicability to the suit...........
Adverse possession -- Amongst co-sharers - Plaintiff in possession - No legal and acceptable evidence that their possession was hostile and had ripened into title - Possession was on behalf of each and every co-sharer - Held, plaintiff cannot seek declaration to the effect that he has become owner of suit land by way of adverse possession...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Death of plaintiff - One of the sons of plaintiff already substituted on the basis of Will - Petitioner is another son of plaintiff, who is seeking impleadment on the ground that property is ancestral property and he is a co-owner - Will in question has not been set aside till date -..........
Evidence Act, 1872, Section 114 -- Plaintiff not appearing as his own witness - Pales into insignificance when plaintiff by leading positive evidence discharges his onus lawfully and subject to Court forming that opinion...........
