Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - Suit for declaration of title - All material evidence to decide the title of both the parties is very much essential - Serious dispute about tampering of revenue record basing on which defendant sets up title - Record sought to be summoned and evidence of Tehsildar are very much vital - Order..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Knowledge of pending suit - Knowledge is required to be interpreted to mean complete and substantive knowledge of pending suit, the stage at which it is pending, name of Court and next date of hearing...........
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1, 2 -- Fresh suit on the same cause of action - Such right cannot be granted while drawing a decree - Liberty to file fresh suit can be granted only U.O.23.Rr.1,2 CPC when an application is filed seeking permission to withdraw the suit...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Court which passed the decree cannot by itself bring out a fresh cause of action based on any failure to address any of disputes involved in the suit except on the ground of lack of inherent jurisdiction...........
Civil Procedure Code, 1908, Section 9, Rajasthan Tenancy Act, 1955, Section 207 -- Jurisdiction of civil Court - Suit for declaration of a tenant's right - Comes under third schedule of Act of 1955 - However, a suit for determination of legal heirs does not - Before approaching Revenue Authorities, for mutation, parties to approach Civil Court of competent jurisdiction, to..........
Evidence Act, 1872, Section 45 -- Expert opinion - Disputed signatures - Not comparable with signatures on written statement and/or vakalat executed in the same suit...........
Protection of Women From Domestic Violence Act, 2005, Section 17 -- Shared household - Divorced wife has no case that she is having any title or ownership over property in question - She was trying all means to continue in the property by filing cases one after another against her husband and in-laws - No domestic violence was committed against wife as found by Magistrate..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is more of clarificatory nature which shall enable the Court to further pin-pointedly consider the dispute and would also aid in rendering a more satisfactory decision without changing the nature of suit - No malafide can be spelt out on the part of plaintiff while moving an..........
Transfer of Property Act, 1882, Section 58(c), 54 -- Mortgage by conditional sale or sale with an option to repurchase - Two separate documents were executed i.e one was sale deed and re-conveyance deed - It is clearly mentioned in re-conveyance deed that property had already been sold but right to purchase the property was given within a period of 5 years on payment of..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Agricultural land - Suit filed for permanent injunction and easement right - Suit is not to decide ownership or possession or for any purpose enumerated in Column 3 of Schedule II of UPZA and LR Act - Moreover, defendant itself has stated in its written statement that on the land purchased by it..........
