Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - It is not obligatory for plaintiffs to bring on record the LRs of deceased defendant who died after filing of suit - Duty is upon actual LRs themselves to approach Court for joining suit proceedings or otherwise they may challenge the decree subsequently, if suit of plaintiffs..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - If decree is passed against deceased defendant, LRs would be entitled to challenge the decree and Court being satisfied with the two facts may set aside the decree, viz. (i) LRs was not aware of pendency of suit proceedings; or (ii) he did not fail to appear intentionally by making..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Property of senior citizen - Eviction of son - Petitioner son contended that suit property is ancestral property - However, no document or material on record to show that property is ancestral in nature in which petitioner had any right - More so, petitioner himself raised the plea in written..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration and permanent injunction - Both the parties claim title over suit property - In case of title over suit property, parties should prove their case by themselves by letting legally acceptable evidence - Considering nature of relief sought in the suit and rival claim..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Where earlier suit was decreed on the basis of compromise between parties and not on merit, principle of res judicata was inapplicable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to correct the North and South boundary of suit property - Defendant himself stated in counter raised to the application that description of suit property was incorrectly given by plaintiff - No plea of malafide was taken by defendant before trial Court - Defence taken..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subject matter in both the suits is not one and same - Cause of action in former suit is different from cause of action in subsequent suit - It cannot be said that issue in subsequent suit is directly and substantially in issue in previously instituted suit - Plaintiff not party to the previously..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Determination of valuation of suit pertaining to infringement of trade mark is a mixed question of facts and law and same can be decided at the time of final adjudication of suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2015, Section 12A -- Rejection of plaint - Commercial suit - Matter pertaining to infringement of trademark and there is recurring loss in the business of plaintiff - Pleadings shows clear urgency in the matter - Provision u/s 12-A of the Act not applicable, as same can be attracted only in cases which do..........
