Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for redemption of mortgage - Amendment sought that plaintiffs are entitled to mesne profits - At the fag end of trial when both the parties led their evidence, if amendment is allowed, it would amount to a de novo trial, as issue regarding mesne profits would have to be framed and defendant would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - At this preliminary stage, Court is required to confine its examination strictly to averments made in plaint and not venture into merits or veracity of claims - If any triable issues arise from pleadings, suit cannot be summarily rejected...........
Registration Act, 1908, Section 17, 49 -- Un-registered agreement to sell and power of Attorney - Unregistered documents required to be registered are inadmissible in evidence for the purpose of conveying title or completing a sale transaction and can only be admitted for collateral purposes or in a suit for specific performance...........
Registration Act, 1908, Section 17, 49 -- Un-registered agreement to sell - In the absence of a suit for specific performance, agreement to sell cannot be relied upon to claim ownership or to assert any transferable interest in property...........
Transfer of Property Act, 1882, Section 53A -- Part performance - Agreement to sell - Unregistered - Plaintiff is owner of suit property - Only defence raised by defendant opposing claim of possession which is based on S.53-A of the Act - However, since agreement is unregistered, defendant cannot seek to protect her possession over suit property by placing reliance on..........
Partition suit -- In every partition suit there is implicit declaration of title of party, albeit, to the extent of share of parties...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC would be applicable only if there is identity of matter in issue in both the suits, meaning thereby, that whole of subject matter in both the suits is identical...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Suit property and parties are same in both the suits - Matter in issue in subsequent title suit is same in earlier title suit and decision in earlier suit would operate as res judicata so far as declaration of title of suit property - Subsequent suit stayed...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Both plaintiff and defendant assert possession over suit property - Complex factual and legal issues arise in the case, which can only be thoroughly examined and resolved through a detailed trial - Plaintiff would suffer irreparable harm if injunction is not granted - If property was to be alienated,..........
