Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Defendant as per O.8.R.6-A(1) CPC may assert any right or claim against plaintiff before filing of written statement, even if such cause of action is unrelated to plaintiff's suit - Only limitation is that counter-claim must lie within pecuniary jurisdiction of Court...........
Easements Act, 1882, Section 15 -- Easement by prescription - Right of pathway - Plaintiff failed to establish through oral and documentary evidence that he has acquired right over suit pathway by way of easement by prescription - He has suppressed the fact that he is having alternative pathway to reach P3 land - Therefore, there is no necessity for plaintiff to use..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Signature on summons not denied - Delay of 251 days in filing application for setting aside ex parte decree - Dismissal of application for not giving sufficient reasons - One opportunity must be given to petitioner to put forth his grievances before Court below - Ex-parte decree set aside..........
Limitation Act, 1963, Article 59 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had never executed sale deed in first place as it was proved that it was not her thumb impression that was affixed therein - She had not received sale consideration - In such circumstances and in absence of sale consideration being tendered, sale..........
Limitation Act, 1963, Article 65 -- Limitation - Suit for declaration that sale deed in question is null and void - Plaintiff had claimed relief of joint possession - Sale deed in question was void - Plaintiff could not be said to have executed sale deed - Therefore, plaintiff could indeed have maintained an action to obtain possession of property on the basis of her title..........
Rent and Eviction -- In a suit for eviction, proof of ownership of tenanted premises is not to be strictly looked at as in a suit for declaration of title...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration that decree is illegal, null and void and not binding upon rights of plaintiff and same is liable to be set aside as decree is obtained on the basis of forged signatures - No family settlement was brought on record on the basis of which judgment and decree was passed - Once plaintiff had not signed the plaint..........
Specific Relief Act, 1963, Section 38 -- Injunction - It is proved on record that part of suit property has been encroached upon by defendants and they have raised construction of pucca house over it - Suit of plaintiff does not lie for injunction - Plaintiff can seek possession of portion of suit property found to be in possession of defendants...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Plaint cannot be rejected on the ground of bar U.O.2.R.2 CPC, as whether a suit is barred by provisions of O.2.R.2 CPC, is to be established by leading cogent evidence and cannot be presumed merely on basis of inferential reasoning...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Unless petitioner pleads bar U.O.2.R.2 CPC in his written statement and an issue in this regard is framed and adjudicated upon, it is not possible without any evidence to conclude that suit is barred U.O.2.R.2 CPC...........
