Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - In the absence of necessary parties, i.e. non joining of five sisters in suit, no preliminary decree could be passed, declaring rights of plaintiff - Therefore, suit qua properties No.1, 2 fails for want of no, joinder of necessary parties...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - In the absence of pleadings of previous suit, having been brought on file, Court is not justified to conclude that subsequent suit is barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - It is essential for defendant to produce plaint filed in previous suit, before raising a plea that subsequent suit is not maintainable on account of bar created U.O.2.R.2 CPC - After examining plaint, Court would be in a position to record a finding that previous suit and subsequent suit is on same..........
Hindu Law -- Joint Hindu Family Property - Plea of defendants that land was purchased from the funds contributed by defendants No.1 to 5, though in the name of defendant No.6, their father - However, some of the defendants were minor at the time when suit property was purchased - Therefore they could not have contributed towards the consideration of the suit property at..........
Civil suit -- In civil matters Courts are required to adjudicate the dispute on the basis of preponderance of evidence and are not required to determine on the basis of concrete proof, as is required in criminal cases...........
East Punjab Urban Rent Restriction Act, 1949, Section 13(2)(v) -- Suit for eviction - Recovery of rent and damages - Ground of ceasing to occupy demised premises - As per evidence on record electricity bill was last paid in year 2001, then in subsequent years electric and water connections were removed - Premises were unoccupied by tenant till the date of filing of suit..........
Civil Procedure Code, 1908, Order 23, Rule 1A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant as plaintiff - Permissible only on abandonment and withdrawal of suit by plaintiff...........
Civil Procedure Code, 1908, Order 14, Rule 2, Specific Relief Act, 1963, Section 16, 20 -- Preliminary issue - Suit for specific performance - Issue as to readiness and willingness - Issue is a question of fact and not a question of law - Issue of readiness and willingness cannot be determined without referring to evidence on record - Order declining to treat issue of..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - To know actual existing position on spot - Sale deed relied upon by plaintiff gives no details of suit land - It only gives that suit land is bounded by such and such property - Appointment of local commissioner will be of no help to plaintiff - More so, plaintiff claimed that he got..........
Civil Procedure Code, 1908, Order 34, Rule 11(a)(iii) -- Interest - Recovery suit for losses and security deposit - In absence of any written condition on rate of interest, guidance can always be taken from O.34.R.11(a)(iii) CPC...........
