Specific Relief Act, 1963, Section 28 -- Agreement to sell of property under mortgage - Plaintiff even knowing this fact filed suit for specific performance - It was not his case that he will get the sale deed executed only after redemption of mortgage - Court while passing conditional decree granted 3 months time to deposit the balance sale consideration - Decree holder..........
Limitation Act, 1963, Article 65 -- Suit for declaration that plaintiff and defendants are owners and in joint possession with consequential relief of permanent injunction - Limitation would not commence on mere mutation entries but rather when there is a real threat to possession of plaintiff based on such actions that cause of action would be stated to have arisen - Suit..........
Hindu Law -- Family settlement - There is no family settlement nor any other evidence has come on record to prove that suit property was ancestral in nature and rightly mutated in the name of son of deceased/grandfather of plaintiff - In the absence of said material evidence, Courts below have erred in holding that son of deceased had become owner of suit property on..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12 -- Production of documents - Plaintiff by way of application sought production of title record along with site plan so as to facilitate him in identification of property in question, which were in possession of defendants - However, plaintiff has not placed anything on record to show that title documents are in..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Provision applies only to suits instituted by plaintiff and it does not bar any defendant to file a subsequent suit even if he failed to file counter claim...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required to restrict its enquiry to averments made in plaint of suit and any reference to earlier plaint cannot be delved upon while adjudicating upon an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Section 35B -- Cost - Non payment - Suit cannot be dismissed for non-payment of costs - Non-payment of costs can result in forfeiture of the right to further prosecute the suit or defence as the case may be...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession, permanent injunction and mandatory injunction - Concurrent findings of both the Courts below that defendant was in illegal possession of suit property based on report of Local commissioner qua which no objections were filed by defendants - No question of law much less substantial question of..........
Evidence Act, 1872, Section 45 -- Expert opinion - Denial of signatures by defendant on agreement to sell - Comparison of signatures with those on power of attorney and summons - Those signatures did not come in existence in presence of Court - It is thus appropriate to compare signatures with the one existing on previous litigation, prior to institution of suit - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Serving of summons - Mother of defendant accepted the summons on his behalf - They both are residing in the same house and also having a joint mess - Defendant admitted that signatures on the backside of summons were his mother's - He thus, had knowledge not only about institution of suit but..........
