Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought for addition of some more properties and also to correct extent of properties already included - Mistake as in suit property, omission and also error in the extent, came to notice of plaintiffs as stated during discussion with new counsel - Amendment sought does not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Plaintiff claimed that suit property was orally gifted to him by owner and again claimed the same through adverse possession - Plaint case ex facie is mutually contradictory - Plaintiff admits that one `O' to be true owner of title holder of suit property, as suit property gifted to plaintiff by him..........
Civil Procedure Code, 1908, Order 7, Rule 11, Electricity Act, 2003, Section 145 -- Rejection of plaint - Jurisdiction of civil Court - Electricity bill in question was issued in pursuance to an assessment made by Assessing Officer for un-authorised use of electricity, in terms of S.126 of Electricity Act - Civil Court had no jurisdiction to entertain the suit in question..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Barred by res judicata - Issue of res judicata cannot be decided in an application filed U.O.7.R.11 CPC, since said issue involves consideration of pleadings in earlier suit, judgment of trial Court and judgment of appellate Court...........
Family Courts Act, 1984, Section 7 -- Jurisdiction of Family Court - Suit for declaration as to validity of marriage as also for negative declaration regarding marital status, falls within exclusive jurisdiction of Family Court as per S.7 Explanation (b) of the Act...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - Plaintiff, having agreement to sell in her favour does deserve the protection of her rights qua the property in question - If no interim order is passed in her favour and the property is further transferred or alienated, no adequate relief would be granted to her if the suit is ultimately decreed in her favour..........
Evidence Act, 1872, Section 112 -- DNA test - In a declaratory suit where plaintiff is claiming ownership of property on the basis of inheritance, he cannot be subjected to a DNA test against his wishes...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant not disputed the fact that cheque stands issued by him which bears his signatures, in order to pay back Rs.10 lacs to plaintiff - Vague plea is raised by defendant that such cheque was issued to defendant No.2 - However, no corroborative material has been placed on..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Respondents were not mere subsequent purchasers during pendency of suit but had remained successful in a litigation with defendant after which sale deed was executed - Their presence is necessary for decision of suit - Respondents rightly impleaded...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Purchase of property during pendency of suit by petitioners not disputed - S.52 of T.P. Act protects the rights of subsequent purchasers - Rights of subsequent purchasers during pendency of suit will not be changed, they can ultimately step into the shoes of original owner - If..........
