Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim has necessarily to be directed against plaintiff and cannot be directed against co-defendant...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit or abandonment of part of claim - Plaintiff has an unfettered/absolute right to withdraw/abandon part of their claim in plaint U.O.23.R.1 CPC without seeking any leave to file a fresh suit...........
Court Fees Act, 1870, Section 7(iv)(c), 7(v) -- Ad valorem Court fee - Suit for cancellation of transfer deed - Where plaintiff is not an executant of transfer deeds seeking cancellation and seeking relief of possession is computable u/s 7(iv)(c) of the Act, Court fee is payable in accordance with S.7(iv)(c) r/w S.7(v) of the Act...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Both the parties had placed reliance on demarcation reports obtained by them - Demarcation report as produced by plaintiff not found convincing - As regarding demarcation report submitted by defendant clearly spells out mode and manner in which measurements were carried out by..........
Hindu Law -- Joint family property - Alienation by Karta - Alienation in favour of defendant Nos.13 & 14 was for the purpose of legal necessity - It is not denied that Defendant No. 1 was Karta of joint Hindu family and agreements for sale as well as sale deed was executed by him - During his life time, father of plaintiff did not object to alienations - Sale was thus,..........
Partition suit -- Suit property alienated by Karta in favour of defendant Nos.13 & 14 for legal necessity - Plaintiff failed to seek any specific relief qua alienation in favor of defendant Nos.13 & 14 - In the absence of any such relief sought in respect of alienation in favour of said defendants, suit is liable to be dismissed...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Defendant is not admitting the main relief of specific performance as sought by plaintiff - Though he is ready to refund back the earnest money along with interest - Trial Court is not bound to pass a decree in respect of only alternative prayer only - It is open for Court either to grant main relief..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - When there is no contra evidence to rebut claim made by plaintiff seeking temporary injunction, no interference warranted in impugned order of granting temporary injunction...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - No evidence on the part of defendant to show possession or construction or even `further possession' - Even, defendant failed to mark exhibits on his behalf in proof of title and possession - There is no contra evidence to rebut the claim made by plaintiff seeking temporary application - Temporary..........
