Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Person of unsound mind - Suit filed through natural guardian/mother - Suit was instituted by plaintiff through his mother acting as his next friend - Interest of mother is not adverse to plaintiff - Mere filing of suit for injunction by plaintiff through testamentary guardian against his mother restraining her from selling..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit dismissed in default - Bar of subsequent suit - Plaintiff on attaining majority instituted suit for setting aside sale deed of his property - Said suit dismissed in default - Bar U.O.9.R.9 CPC would come into play in bringing fresh suit in respect of same relief - Though subsequent suit filed only for partition without a..........
Partition -- Ancestral property - Plaintiff contended that suit properties were purchased from income derived from ancestral property - However, no substantial evidence let in on side of plaintiffs to prove said fact - It cannot be said that suit properties were purchased from income of joint family property/ancestral property - Suit rightly dismissed...........
Court Fees Act, 1870, Section 12 -- Payment of Court-fees - Cannot be avoided on the ground that the issue in respect of valuation and Court-fees is pending before the Court - However, if plaintiff succeeds in the suit as well as in appeal, Court has ample powers to pass a decree with costs which includes Court-fees...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiff and defendant both filed injunction application against each other - Trial Court dismissed both the applications - Defendant felt aggrieved by dismissal of his application filed appeal which was allowed - Plaintiff felt aggrieved and filed writ petition - High Court in writ..........
Indian Contract Act, 1872, Section 14 -- Sale deed by insane person - Non-free consent - Maternal uncles of plaintiff executed sale deed of his property on the pretext of providing medical checkup - Plaintiff was never handed over sale consideration - Said sale deed is an act of no, free mind, no, consent under the influence of fraud and misrepresentation - Sale deed held,..........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Suit property is Government land - Plaintiff claims to be in possession of suit property for more than 40 years - However, no material placed by plaintiff in support of his claim - Plaintiff established his possession and enjoyment of suit property based on police receipt issued in..........
Agreement to sell -- Specific performance - Readiness and willingness - Pleading and proof - Not even a remote suggestion in plaint averments that plaintiff had performed or has always been ready and willing to perform his part of the contract - Testimony of plaintiff lacking in material assertions of readiness and willingness on his part, which is essential for grant of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day for plaintiff to fill up such..........
