Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory and permanent injunction filed by only one of legal heirs of deceased - To hand over the original R.C of vehicle purchased by father of plaintiff and to restrain them from taking possession of the same in an illegal or forcible manner - When vehicle purchased by deceased was inherited..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Plaintiff must prove the boundary as well as the existence of property for claiming relief of permanent injunction - However, documents shows that property available is only to an extent of 1 acre and not 1 acre 5 guntas - Relief rightly granted to the extent of 1 acre of land...........
Civil Procedure Code, 1908, Order 13, Rule 1, 4 -- Power of attorney - Production and proof - Power of attorney executed by wife in favour of husband and husband appeared as PW1 being power of attorney of plaintiff with a specific stipulation in this regard in his affidavit of examination-in-chief - There was no cross examination conducted on this point - In such..........
Right of pre-emption -- Plaintiffs filed suit for possession by way of pre-emption claiming superior rights of tenancy over the land under defendant no.2 - However, plaintiff failed to discharge the burden of proof of tenancy - It was the plaintiffs who were to prove their case by way of leading cogent evidence, instead of relying upon weaknesses of defendant - Suit..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of Civil Court - Dispute between employer and employee - Relief claimed by plaintiff covered under Industrial Dispute Act - Civil Court has no jurisdiction to adjudicate said dispute and plaintiff was required to file appropriate proceedings before Labour Court under appropriate provisions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Property in question is till date a joint property - Plaintiff is co-sharer and there being a prima facie case having been made out and also having balance of convenience and inconvenience in his favour - Order of status quo thus, passed in respect of suit land in respect of parties..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Recovery suit for money - Defendant produced a document indicating that amounts have been paid to plaintiff - Moreover, defendant contended that he was suffering from dengue though treating doctor has not been examined - Adequate opportunity ought to be provided to defendant to make available..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - When plaintiff passes away and if any particular legal heir is omitted from being brought on record by other legal heirs, carriage of suit by some of heirs would not be rendered bad as excluded legal heir can always file independent application to be brought on record as legal heir..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Where plaintiffs passes away, there is no duty cast on defendants to take any steps in such a case - It is for legal heirs of plaintiffs to bring themselves on record as plaintiff's LRs - Such a duty is also not cast on one or more LRs who volunteer to file an application for setting..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of plaintiff - Substitution of LRs - Even if majority of LRs are brought on record, case can be contested on merits without any necessity of other representatives being brought on record...........
