Provincial Small Cause Courts Act, 1887, Section 15 -- Jurisdiction of Small Cause Courts - Eviction suit - When suit filed by landlord against tenant already stands decreed and opposite party claims to have acquired ownership of property in dispute through a sale-deed executed by its previous owner, adjudication of claim of opposite party becomes incidental to..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99 -- Execution - Third party objections - SSC suit for eviction - When petitioner claimed that property in question had been purchased by her from its previous owner through a registered sale-deed, she had locus standi to claim that she had the right to resist her ejectment through execution proceedings instituted for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint, during pendency of appeal, to seek alternative relief of earnest money in a suit for specific performance - Alternative relief sought does not amount to introduction of new cause of action - Application rightly allowed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Doctrine of res judicata is pure question of fact and same cannot be ascertained at a later stage of suit - It is only after both the parties have adduced their evidence, Court can ascertain whether suit is barred by res judicata or not...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - In order to decide an application U.O.7.R.11 CPC, Court has to evaluate the plaint only - In whole of plaint, there is no such averment from which it can be held that suit is barred by res judicata - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration that sale deed is null and void - Plaintiff neither is executant of sale deed nor has sought possession - Being a non-executant, plaintiff can avoid sale deed and thus, is not required to affix ad valoram Court fee on the value of property - Plaint..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff is dominus litis - Defendant cannot ask plaintiff to add any person in the suit instituted by him - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - For the purpose of evaluating the value of suit and for adjudicating upon application U.O.7.R.11 CPC, Court has to evaluate the plaint as a whole...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Suit being money suit is governed by provision as contained u/s 7(i) of the Act and not Schedule II of the Act...........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for recovery of money for damages and compensation - Plaintiff has quantified the costs that he claimed to have suffered on account of malicious prosecution alleged at the hands of defendant - Suit filed for claiming damages on account of such malicious prosecution - Merely for the reason that in prayer clause he..........
