Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicant claims his possession over property as its owner on basis of sale deed executed in his favour by defendant no.1 - Adjudication of dispute/controversy between plaintiffs and defendants qua right, title or interest in this property would directly affect rights..........
Agreement to sell -- Specific performance - Adverse inference for non examination of Sarpanch who is neither a witness to agreement to sell nor instrumental in the contract - Plaintiff has only stated that he requested defendant many a times in presence of Sarpanch - Even, if plaintiff fails to prove that fact it is not sufficient to discard written contract - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can exercise its power U.O.7.R.11 CPC at any stage of suit but before conclusion of trial - Trial Court erred in observing that since evidence had commenced, application U.O.7.R.11 CPC is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Punjab Village Common Lands (Regulation) Act, 1961, Section 13 -- Rejection of plaint - Jurisdiction - Civil suit against Gram Panchayat involving adjudication of rights of parties over suit property - Jurisdiction to decide any dispute as to whether any right, title or interest in any land or immovable property vests in Gram..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for mandatory injunction - Plaintiff tried to camouflage the relief of specific performance as well as for recovery of fixed amount by treating it to be a suit for mandatory injunction - Court needs to be conscious of the relief sought by plaintiff - Order to pay ad valorem Court fee, upheld...........
Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration as to co-sharer - Matters needs to be decided by way of judicial determination and cannot revolve around DNA test - Court is only to adjudicate on claim over property and has nothing is relevant for determining parentage of children - More so, it is by means of evidence, documentary and otherwise, which..........
Court Fees Act, 1870, Section 7(i) -- Court fee - Suit for compensation and damages - Where specific amount of damages is claimed, plaintiff is under obligation to affix ad valorm Court fees on the suit amount...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Compromise - Refund of Court fee - Suit decreed in terms of compromise instead of suit being withdrawn - Plaintiff is entitled to refund of Court fee as S.89 CPC even extends to a case where settlement takes place outside Court - Court fee ordered to be refunded...........
Stamp Act, 1899, Section 35 -- Stamp duty - Agreement to sell - Suit for specific performance - Document that is required to be registered and which contains a recital of delivery of possession, would also require to be stamped as per provisions of the Act - Order of trial Court in impounding agreement to sell and directing plaintiff to pay deficient stamp duty on..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit - Proposed defendant was not a party to transaction in question between plaintiff and defendant - No privity of contract between plaintiff and proposed defendant - Proposed defendant cannot be construed to be a necessary party...........
