Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 13 -- Condonation of delay - Delay of 1321 days in filing application for setting aside ex parte decree - Husband of defendant was following the suit on behalf of defendant - Defendant did not meet her counsel to give instructions for filing written statement - No material on record that there is..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Court is empowered, at any stage of suit, to give judgment on admission...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Relief of ejectment/possession - Lease - Expired due to efflux of time - Wife of tenant staying in suit property as a licensee of her husband by virtue of mutual agreement entered between husband and wife - Such agreement has to be subject to the willingness of landlord to continue with the tenancy -..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Barred by S.257 of Chhattisgarh Land Revenue Code - Question whether purchase by a tribal was a sham and nominal transaction for benefit of a non-tribal, may not fall exclusively within jurisdiction of authorities - Civil suit for declaration of title is not barred...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Notice to defendant - Amendment was carried out after defendant was proceeded ex parte and apportionment of share in partition suit was claimed - In absence of any notice to defendant pleading would remain unchallenged, therefore substantial loss would be caused - Notice to defendant was required and in..........
Hindu Minority and Guardianship Act, 1956, Section 8 -- Sale of minor's property by mother - Sale deed came to be executed by mother of plaintiff for family necessity and not to fulfill her unjustified or unworthy desire - No prior permission u/s 8 of the Act was required for sale - Suit filed by plaintiff for declaring sale deed null and void rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings before trial Court are at fag end and plaintiff has already concluded her entire evidence while defence evidence is midstream - Defendants in main suit have already availed 10 opportunities and are also in the process of completion of their evidence - Even, proceedings under..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute relates to encroachment of public way - Considering dispute of width of public way, Nagar Parishad is a proper party - Application for impleadment of Nagar Parishad as party to suit rightly allowed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To note down physical features - A further clarity would be obtained to localize the suit property with boundaries and by doing so no prejudice would be caused to parties...........
Civil Procedure Code, 1908, Section 35 -- Costs - Frivolous litigation - Once basis for which suit was filed was non-existent in favour of plaintiff and prima facie litigation was due to personal dispute, imposition of costs by Court cannot be treated as arbitrary, illegal or perverse or without any jurisdiction...........
