Mutation entries -- Mutation entries do not by themselves confer title which has to be established independently in a declaratory suit...........
Civil Procedure Code, 1908, Section 80 -- Suit against public servant - Cannot be instituted without impleading State as party...........
Civil Procedure Code, 1908, Section 80, Order 7, Rule 11(d) -- Rejection of plaint - Non compliance of the provision of S.80 CPC - Suit is barred by provisions of O.7.R.11(d) CPC owning to non compliance of S.80 CPC...........
Civil Procedure Code, 1908, Section 80, Order 14, Rule 1, 2 -- Suit against public servant - State not impleaded as a party - Objection as to maintainability of suit not taken by defendant in his written statement - However, in the absence of notice, suit is not maintainable against public servant - Trial Court should framed and decide the issue of maintainability of suit..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration and permanent injunction - Plaintiff claimed title of suit property on the basis of land purchased from one `K' - Said `K' derived title from State government by Patta - However, since patta had been revoked and grantee/`K' had no right, title or subsisting right at the time of alienation in favour of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - To determine actual character of suit, it is essential to advert to pleadings in the suit, which are required to be construed in their entirety...........
Limitation Act, 1963, Article 65 -- Limitation - Suit for restoration of possession, permanent and mandatory injunction - Plaintiff filed the suit seeking restoration of possession based upon title of plaintiffs to suit property - Institution of suit thus, was governed by Art.65 of Limitation Act - Defendants had pleaded permissive possession and not urged any hostility or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from entering over suit property - Plaintiffs are claiming their actual settled possession over property - However, no positive evidence brought on record by plaintiff to establish their actual possession over suit property - Plaintiff cannot seek injunction against true..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Where prima facie it is lawful possession which governs right of plaintiff to seek injunction and plaintiff having successfully establish his lawful possession, was entitled to decree of permanent injunction, particularly when defendant failed to establish when plaintiff surrendered..........
