Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for mandatory injunction - Plaintiff tried to camouflage the relief of specific performance as well as for recovery of fixed amount by treating it to be a suit for mandatory injunction - Court needs to be conscious of the relief sought by plaintiff - Order to pay ad valorem Court fee, upheld...........
Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration as to co-sharer - Matters needs to be decided by way of judicial determination and cannot revolve around DNA test - Court is only to adjudicate on claim over property and has nothing is relevant for determining parentage of children - More so, it is by means of evidence, documentary and otherwise, which..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and injunction - Plaintiffs vaguely averred that their father was owner and after his demise they inherited property - Original documents under which they are claiming title were never produced on record and only photocopies were produced - Even said photocopies of documents are not duly proved to..........
Evidence Act, 1872, Section 65 -- Secondary evidence - Photocopies of grant and sale deed - Suit for declaration of title and injunction - Plaintiff produced on record photocopies of grant and sale deed - Though no permission to lead secondary evidence may be required and a party is entitled to make out grounds u/s 65 of Evidence Act to lead secondary evidence - No ground..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for compensation and damages - Where specific amount of damages is claimed, plaintiff is under obligation to affix ad valorm Court fees on the suit amount...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Partition suit - Application filed when the matter was fixed for final arguments - Reasons stated in application for delay in filing it, not satisfactory - Most of the documents sought to be placed on record are ante dated filing of written statement and no good reason has been assigned in..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Summons sent, to address at Chennai, received back as `Unclaimed' as defendants are staying in USA - Court ordered substituted service by newspaper publication - Defendants deposited entire decretal amount to show their bona fides - One opportunity must be given to defendants to defend suit -..........
Civil Procedure Code, 1908, Section 17, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - One of properties in respect of which relief is claimed is located at place `D' - In terms of S.17 CPC, suit has been validly instituted before Court at place `D'...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - There cannot be a partial rejection of suit under provisions of O.7.R.11 CPC...........
