Limitation Act, 1963, Section 5 -- Condonation of delay - Delay of 247 days in filing second appeal - Defendant filed second appeal against judgment and decree passed by first appellate Court with a delay of 247 days - No doubt, if delay is condoned, same will cause some hardship to plaintiff - Therefore, same has to be compensated by way of imposing costs of Rs.5,000..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Order passed against dead person is a nullity - Mere fact that counter affidavit was filed by one of legal heirs would not clear the defect of order being passed against a dead person - Without the cause title being amended and legal heirs being brought on record in interlocutory applications at that..........
Transfer of Property Act, 1882, Section 55(6)(b) -- Right of buyer - Charge on seller's interest - Defendant No.3 executed agreement to sell in favour of plaintiff on the basis of prior agreement to sell executed in his favour by defendant Nos.1 and 2 - Defendant No.3 has only agreed to assign plaintiff the rights that he may obtain as per prior agreement in his favour for..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 17 -- Ex-parte decree - Appeal - Petitioner was not served properly, hence, he could not appear before trial Court for submitting his case - Therefore, petitioner has made a prima facie case in his favour that he was not served with any kind of notice and so-called affixation of summons..........
Will -- Proof of - Will distributed the properties in defined proportions between plaintiff and defendant - There is ample material on record to establish that testator anticipated that relations between plaintiff and defendant were not congenial and that is why, in order to avoid future conflicts, he divided his properties by way of a family settlement and bequeathed a..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff failed to produce any documentary evidence showing his ownership over suit property nor produced any document to prove his possession over suit property - Suit rightly dismissed...........
Partition suit -- Plaintiff and defendant failed to produce even an iota of evidence qua their ownership over suit property - Merely because ownership was admitted by defendant no.1, would not be a ground to entertain the suit and decree the same - Suit rightly dismissed...........
Specific Relief Act, 1963, Section 38 -- Injunction - Plaintiff not claiming any right over the land as such Simplicitor suit for injunction against true owner is not maintainable...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction and compensation - Neither there were any pleadings nor any evidence led by plaintiff regarding compensation - Plaintiff continues to remain in possession i.e there is no cause of action for claiming relief of compensation - Therefore, even if submission regarding compensation has not..........
Civil Procedure Code, 1908, Order 8, Rule 6C, Commercial Courts Act, 2016, Section 12A -- Counter claim - Rejection of counter claim sought on the ground that pre-institution mediation has not taken place qua counter claim - Both the parties have already meditated and have failed in such mediation - Once pre-institution mediation has happened, when plaintiff wanted to..........
