Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and injunction - Defendant contended that suit property was allotted to his father in partition, but he has not produced any document to show that suit property was ancestral property - Plaintiffs on the other hand proved their right and title based on Assignment Order in respect of suit property - They have..........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Application U.O.2.R.2 CPC and O.23.R.1(4) CPC - For invoking provisions, Court is required to arrive at a specific finding that cause of action in previous suit and suit before it was same - Unless there is similarity of cause of action in previously instituted/withdrawn suit..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - In order to consider application U.O.7.R.11 CPC, Court has to look into averments in the plaint and same can be exercised by trial Court at any stage of suit - At that stage, pleas taken by defendant in written statement are wholly irrelevant...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from dispossessing plaintiff or alienating or encumbering suit property - Defendants have disputed marital status of plaintiff with their deceased son and have categorically denied her claim over property or her possession thereof - Validity of marriage becomes a question of..........
Will -- Declaring Will "dubious" at interlocutory stage of deciding application for interim injunction - Trial Court ventured into midst of document, effectively prejudging an issue that ought to be tried in full evidence - This amounts to a jurisdictional error, as Courts dealing with interlocutory reliefs must confine themselves to assessing i.e prima facie case,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Since an adjudication of plea of res judicata requires consideration of pleadings, issues and decision in the previous suit as such plea of res judicata is beyond the scope of O.7.R.11 CPC where only averments in the plaint have to be perused...........
Will -- Suspicious circumstances - First Appellate Court did not provide an opportunity to appellant to explain suspicious circumstances surrounding Will - Propounder of Will was successful in proving execution of Will - In the absence of any specific challenge in the suit regarding genuineness of Will, First Appellate Court could not have entertained the plea of..........
Will -- Suspicious circumstances - Should be specific and not vague or in a general manner - In the absence of any specific challenge in the suit regarding genuineness of Will, First Appellate Court could not have entertained the plea of suspicious circumstances...........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act is normally in the nature of summary suit - Enquiry in suit is confined to finding out possession and dispossession within a period of six months from the date of institution of suit - Question of title is not germane for consideration...........
Specific Relief Act, 1963, Section 6 -- Suit filed u/s 6 of the Act - Validity of title is not germane for consideration in a suit u/s 6 of the Act...........
