Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim is completely distinct from cause of action on which plaintiff has approached Court - Merely because parties are same and properties are adjacent, it will not necessarily lead to an inference that issues are connected and claims of both the parties should be tried..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
Agreement of re-conveyance -- Specific performance - It is implicit that plaintiff has to accept the title of defendant - However, in the instant case plaintiff in his pleadings and in his evidence has taken the plea that defendant has no right, title and interest in the suit property - Considering the frame of suit and stand taken by plaintiff in plaint and in evidence,..........
Civil Procedure Code, 1908, Order 26, Rule 10(3) -- Report of Advocate Commissioner - Challenge as to - Commissioner's report can be scrapped only after recording of entire evidence and demonstrating that commissioner's report is flaw - Suit is at the stage of cross-examination of PW1 - Petitioner ought not to have approached Court at the premature stage when Court below..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiffs by way of amendment not building up some new case contradictory to case made in the plaint by them or they are retracting from any admission - No allegation that plaintiffs were not diligent at the time of filing of suit and despite the pretty good knowledge of all the facts sought to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere filing of civil suit for recovery is not a bar for initiation of proceedings u/s 138 of the Act...........
Partition -- Preliminary decree - Challenged by purchaser from one of the co-sharers that his rights are adversely affected as he has spent huge amount in raising construction - Appeal was dismissed but a direction was issued to demolish the construction on the suit plot forthwith - Demolition of already constructed buildings may not be in the interest of any of the..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Challenged by third party - Preliminary decree was contested by appellant only who claimed that defendant No.2 had transferred his share to him and he has spent huge amount in raising construction on the plot - Admittedly, there was no challenge to the same by any of co-sharers of..........
Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As amended by High Court (Punjab, Haryana and Chandigarh) - Substitution of LRs - Limitation period of 90 days not applicable - Application that suit has abated for non impleadment of L.R's within 90 days rightly dismissed and L.R's allowed to be impleaded...........
