Civil Procedure Code, 1908, Order 21, Rule 99, 101 -- Execution - Third party objections - Execution filed against brother of petitioner - Petitioner came up for the first time in execution case with a plea that if decree is executed he would be dispossessed, as he has right, title and possession over property in question - He did not take any steps to ventilate his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at first appellate stage - Amendment sought to correct survey numbers of suit properties - However, there are discrepancies in the boundaries of suit property - Amendment sought will not help the plaintiff until or unless boundaries of suit property are properly stated - Moreover, failure on the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration that sale deeds are null and void - Restraining defendant from raising any construction and transferring suit property in favour of a third party - Possession of defendant No.1 over suit land is clearly established vide sale deeds in question and as per mutation entry - No prima..........
Hindu Succession Act, 1956, Section 10 -- Rule.2 - Property of Hindu Male dying intestate - Deceased died leaving behind his two sons and four daughters - All the survivors as per S.10 of the Act are entitled to equal share in suit property/Fixed Deposits - Plaintiff nos. 1 to 3 being daughters of deceased are entitled to 1/6th share each in Fixed Deposits together with..........
Transfer of Property Act, 1882, Section 109 -- Eviction suit - Transfer of property by original landlord to transferee during pendency of suit - Specific averment made in sale deed that eviction suit is pending before SCC Court and authority is given to transferee to contest the suit - There is no dispute that it also includes right to recover rent - Transferee therefore,..........
Consumer Protection Act, 1986, Section 12 -- Insurance claim - Accidental fire - Damage to machinery - Fire accident occurred during subsistence of policy - Said accident had caused damage to property of appellants including the machinery in question - Report of surveyor shows that fire brigade was called and water was sprayed over machinery which caused damage to..........
Civil Procedure Code, 1908, Order 33, Rule 2, 5(a) -- Permission to sue as indigent person - Schedule of movable and immovable property with estimated value thereof be annexed with application - Applicable is liable to be rejected if it is not framed and presented in the manner prescribed under O.33.Rr.2 & 3 CPC...........
Civil Procedure Code, 1908, Order 33, Rule 2, 5(a) -- Permission to sue as indigent person - Requirement of O.33 CPC is not only the schedule qua immovable property but the same also comprises of movable properties - Application decided only on the basis of immovable properties ignoring the fact that there was no proof of movable property - Impugned order set aside -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Property in question was transferred in the name of proposed party by way of forged Will - Later on said property was further sold to one `H' - Both these parties are necessary and affected parties to suit proceedings - Application rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Person having interest in land or property in question and by adjudication of any dispute with regard to said property and if it affects the right of plaintiffs in any manner then certainly he is a necessary and effected party and is supposed to be impleaded as party in the proceedings...........
