Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Earlier suit for permanent injunction - Present suit for declaration to the effect that plaintiff is exclusive owner in possession - In the earlier suit no finding recorded regarding ownership as it was not an issue in that suit - It is a mixed question of law and fact - Plaint..........
Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Possession -- When it becomes necessary for Trial Court to determine what is status of property and when possession is not disputed, who and in what part of suit property is in possession other than defendant, thus, Court may take recourse to following actions: (i) Issue commission under O.26.R.9 CPC: A determination through commission, upon institution of a suit shall..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant no.1 as party - Injunction suit - Matter pertains to forest department - Control of forests vested in State Government and not defendant i.e Municipal Corporation at the time of filing of suit in the year 2018 - Plaintiff therefore, cannot be impleaded defendant as a party only because at some..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Defendant denied his signature in suit promissory note - Burden therefore, lay on plaintiff to establish that suit promissory note was actually executed by defendant - Though, promissory note does not require registration, however, promissory note in question is attested by two witnesses..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Both the parties claiming title of suit properties - However, property in respect of which defendant claims title is totally different from properties in respect of which suit has been instituted - Trial Court after considering evidence held that dispute between parties..........
Registered deed -- Unilateral cancellation of registered deed - Once a registered deed is executed in favour of a party, original owner is divested of title to property - Executant cannot take a U turn and subsequently cancel the same unilaterally - If executant is aggrieved, only remedy available for him/her is to approach competent civil Court by way of a suit seeking..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Restraining defendants from interfering with plaintiffs right to construct a compound wall as per Partition deed - Defendants neither disputed partition deed nor established their right to claim adverse possession to prevent plaintiffs to exercise their right available to them under partition deed - Plaintiffs..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Status quo order - Suit for recovery of arrears of rent - Rent so claimed is quantified and measured and in the event plaintiff succeeds in the suit, he can be compensated appropriately thereof for use and occupation of premises by defendant - Plaintiff could not suffer an irreparable loss and injury..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for Mandatory injunction - Title of plaintiff over suit property is not admitted by defendant - Even, plaint does not disclose as to how plaintiff acquired title over property in question - Specific case of defendant in written statement is that he became owner of part of suit property under..........
