Evidence Act, 1872, Section 3 -- Evidence - Conversation between parties during process of mediation, cannot form basis or evidence for disposal of suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object of S.10 CPC is to prevent Courts of concurrent jurisdiction from simultaneously proceeding with parallel suits involving issues that are directly and substantially the same...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Statutory expression "matter in issue is directly and substantially in issue" signifies an issue that forms the core of dispute, as distinguished from questions that arise merely incidentally or collaterally - Common property forming the subject matter of litigation does not by itself, attract bar of S.10..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Determinative test lies in whether essential legal questions are same and not simply whether the same property or parties are involved - Law does not contemplate a stay where the nature of rights asserted, causes of action invoked or reliefs sought are fundamentally distinct...........
Civil Procedure Code, 1908, Section 21 -- Jurisdiction of civil Court - Rent proceedings - By virtue of S.21 of the Act, provisions of CPC apply to Rent Tribunal only to the extent expressly permitted and Rent Tribunal not being a civil Court, cannot have its proceedings mechanically equated with a civil suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Petitioners have instituted two civil suits seeking specific performance of distinct agreement to sell pertaining to two separate portions of property in question - Whereas respondents during pendency of said suits seeking possession of same premises filed eviction petition before Rent Tribunal - Questions..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for declaration and specific performance - Once it appears from material on record that lease agreement between parties is determinable in its nature, in the face of provisions contained in S.14(d) of Specific Relief Act no specific performance of contract of lease agreement can be granted by..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandonment of part of claim - Partition suit - Plaintiff admitted in plaint that item-II of suit property is a joint family property - He cannot now turn around and say that he has no intention to include said property and has no intention to proceed with the same - Affidavit is silent for what reasons plaintiff intends to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay application - Suit for mandatory and permanent injunction - No material on record to show that defendants have encroached upon or merged any area beyond their admitted possession - Since suit for partition is pending and defendants are in exclusive possession of their respective portions - Any construction raised by..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - To decide the title dispute involved in the case, there is no need for appointment of an Advocate Commissioner to measure suit property - In other words, appointment of Advocate Commissioner is not necessary to find answers to questions involved in the case - Application rightly..........
