Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration simpliciter - Maintainability - Plaintiff was aware that defendant was in possession of suit property - It was thus, incumbent upon plaintiff to seek relief which follows - Held, suit is not maintainable...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Suit not filed within three years of accrual of cause of action - Suit filed is not within time...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Objections as taken by defendant are mixed question of facts and law, which cannot be decided at this stage - Plaint not liable to be rejected - Application rightly dismissed...........
Constitution of India, 1950, Article 226 -- Writ of mandamus - Cannot be issued directing respondent to register gift deed when order of attachment issued by a competent civil Court is in force - However, if petitioner wants to transfer property pending the suit, same can only be on the strength of an order passed by competent civil Court where said suit is pending..........
Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 229B, 176 -- Suit for declaration before Revenue Court - Limitation - No limitation is provided for filing a declaratory suit before Revenue Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea that suit is barred by S.206 of U.P Revenue Code - Jurisdiction of civil Court to entertain a suit for injunction is neither expressly barred nor by implication in any of clauses of S.206 of U.P. Revenue Code - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiffs in one way pleaded that consideration amount was passed and also that deceased sought to enforce the agreement for re-conveyance - Therefore, instead of seeking relief based on such re-conveyance deed, an untenable relief of declaration..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for declaration that sale deed is null and void - Plaintiffs nowhere in the plaint, specifically mentioned the date, even approximately when they came to know about registered sale deed mentioned in the suit - Contention that deceased used to look after legal affairs and..........
Will -- Proof of - Plaintiff being propounder of Will has to prove Will to remove suspicious circumstances as alleged by defendants - However, plaintiff failed to prove Will as required u/s 69 of Evidence Act - Will discarded and suit for permanent injunction on basis of Will rightly dismissed...........
