Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to add the relief of declaration that sale deed in question is not binding on rights of plaintiff - Defendants have already filed a counter claim on basis of said sale deed - Sale deed is already before Court - Amendment sought is formal in nature -..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that transfer deed is null and void - When a non-executant claiming himself to be in possession of suit property, seeks declaration to the effect that transfer deed under challenge is null and void, he is not liable to affix ad valorem Court fee...........
Agreement to sell -- Specific performance - Defendants have not disputed their signatures on agreement in question, though they pleaded that same was obtained by plaintiffs by exercising pressure/misrepresentation - However, no evidence adduced in this regard by defendants - Plaintiffs have adduced sufficient documentary material to establish valid execution of agreement..........
Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Rent derived from property in dispute - Cannot be taken into consideration for ascertaining petitioner as indigent person - Since suit property cannot be taken into account while determining sufficient means as such any benefit such as rent etc. arising out of said property could also not to be considered in..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for possession in respect of Gair mumkin shop - Suit has been filed in 2019 i.e within a period of 10 years - It cannot be at this stage ascertained as to whether provisions of the Act are applicable and as to whether suit would be maintainable or not - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Question of maintainability of suit cannot be effectively decided while deciding an application U.O.39.Rr.1, 2 CPC, as at this stage prima facie assessment has to be made qua material on record...........
Mutation -- Entry in revenue record does not necessarily give rise to cause of action - Revenue entry is only for updating revenue record and a mere entry or non-entry does not affect right, title or interest of owners - In the instant case, suit for declaration that plaintiff is owner to extent of 1/5th share in joint agricultural land as well as 1/3rd share in..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Computation of period for deposit of sale consideration - First appellate Court decreed the suit against which second appeal was filed which was dismissed - Original decree passed by first appellate Court merged with decree passed by Second appeal and it further got merged with decree of Supreme..........
Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration of ownership - Defendant filed application for directing plaintiff to get her DNA test conducted - Parties have led evidence in support of their respective stands taken in Court - Defendant cannot compel plaintiff to adduce evidence in support of case set up by defendant - Moreover, defendant failed to make..........
Suit for possession and mandatory injunction -- Plaintiff failed to show from record that it has any right, title or interest in suit land - There is no title deed or revenue record forthcoming - Plaintiff thus, cannot seek possession or seek mandatory injunction against defendants qua same - More so, plaintiff has also not been able to show how suit was maintainable in..........
