Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Concealment of facts - Not entitled to injunction - One `Kesro' married well before the death of her father and in the suit it was pleaded that she was unmarried at the time of death of her father - Held, it is crystal clear that plaintiff has not approached the Court with clean hands - Plaintiff therefore, not entitled to..........
Limitation Act, 1963, Article 110 -- Joint Family property - Exclusion therefrom - Right to enforce - Limitation 12 years - Begins to run when the exclusion becomes known to plaintiff - There has to be a positive act or conduct by which the exclusion from joint family property becomes known to plaintiff...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Defendant No.10 alleged to be colluding with plaintiff - His evidence to be recorded first out of other defendants enabling the defendant to rebut his as well as plaintiff's evidence...........
Civil Procedure Code, 1908, Section 96, Order 22, Rule 3 -- In ignorance of sole plaintiff/appellant if a decree is passed the same is nullity...........
Civil Procedure Code, 1908, Section 96, Order 22, Rule 3 -- Sole plaintiff - Death - L.R's not brought on record - In ignorance of death decree passed - Decree passed is a nullity - Such decree is appealable for getting its nature decided and also on other permissible questions of law - Appeal cannot be thrown overboard only on ground that in execution point regarding its..........
Transfer of Property Act, 1882, Section 17, 49, 53A -- Heading as well as last clause describing the document as sale agreement - Further it says that the vendor shall execute another document at the Office of the Sub-Registrar as and when required - - Held, the clause that vendor sold the property to be enjoyed by the plaintiff and his heirs does not conclusively..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Suit for specific performance - Earlier suit for injunction filed when it was open for plaintiff to file suit for specific performance - In previous suit neither relief of specific performance sought nor any application filed U.O.2.R.2(3) seeking leave of Court to sue for relief of specific performance afterwards - Therefore,..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff divorced wife and minor child of the respondent - Wife is entitled to be provided with residence so long as she remains unmarried - Wife is residing in the house not as stranger but as member of the family of the defendants - Defendants restrained from interfering with the possession or..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment sought at appellate stage - Amendment sought that plaintiff had acquired another shop - No document in support thereof placed on record - Held, amendment rightly rejected...........
Consent decree -- Flat offered as security in case of failure to pay decretal amount - Decree not creating any right, title and interest in favour of the plaintiff in respect of the flat - Consent decree did not require registration. (Registration Act, 1908, S.17)..........
