Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision against - Order refusing to appoint local Commissioner does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit and hence not a revisable order - Revision petition dismissed...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file a fresh suit on the same cause of action - Plaintiff is required to establish that suit suffers from a formal defect or there are sufficient grounds for allowing plaintiff to institute a fresh suit for the same subject matter - In the instant case, Court while allowing withdrawal of..........
Settlement deed -- Non-examination of Scribe in Court - Deed of settlement not required to be attested by law - Hence, it is governed by S.72 of Evidence Act - Moreover, settlement deed has been proved by examining the witness to said deed - Even, plaintiff admits that parties are in exclusive possession of respective shares as per deed of settlement - Failure to examine..........
Partition suit -- Settlement deed - Overwhelming evidence on record to prove settlement deed between parties - There is written document which was followed by a receipt - Revenue record proves that deed of settlement was given effect to as parties entered into their respective possession - Even plaintiff admits that parties are in exclusive possession of respective shares..........
Partition suit -- Inclusion of land on which construction existed - Cannot vitiate the entire partition proceedings, as constructed houses have been allotted to co-sharer who has constructed the same along with land allotted to him - Moreover, no prejudice has been caused by such an action to either of parties - Argument that entire partition proceedings are bad cannot be..........
Agreement to sell -- Specific performance - Revoking written agreement by an oral agreement - Parties are brothers - Plaintiff himself admits of a settlement between the parties - Plaintiff did not take any action for a period of 16-1/2 years - An inference drawn that parties by oral agreement resolved their dispute - There is no statutory provision which debars a party..........
Civil Procedure Code, 1908, Order 5, Rule 21, 23 -- Service of summons on a defendant residing outside jurisdiction of Court - Summons have to be first sent to the Court having jurisdiction where defendant resides and that Court would thereupon proceed to serve the defendant as if the summons were issued by that Court - Summons by registered post acknowledgement due cannot..........
Agreement to sell -- Specific performance - Certain blank spaces in agreement filled handwritten - By itself not sufficient to hold that agreement to sell is interpolated - Decretal of suit calls for no interference...........
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 -- Proceedings u/s 14 of the Act - Powers of District Magistrate - Proceedings u/s 14 of SARFAESI Act is not akin to a suit since no adjudication is permitted by District Magistrate - But principle laid down that when two of legal representatives of deceased..........
Specific Relief Act, 1963, Section 28 -- Recession of contract - JDs not filed an application for recession of contract before Court which decreed the suit - Having not done so, they cannot be permitted to raise such objection before executing Court...........
