Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiff specifically pleaded that defendant had fraudulently manipulated family settlement deed in absence of plaintiff and proforma defendants, therefore said family settlement is illegal void ab-initio - Cause of action accrued to plaintiff when defendant threatened to dispossess him from suit land -..........
Civil Procedure Code, 1908, Order 23, Rule 3A, Constitution of India, 1950, Article 226 -- Compromise decree - Writ petition - Maintainability - Only remedy available to a party to a consent decree or any person not a party to a suit or appeal, to avoid such consent decree, is to approach the same Court which recorded the compromise and made a decree in terms of it and..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree of permanent prohibitory injunction - Executing Court has left everything to be decided by Nazir of Court without recording any finding as to whether JDs have encroached upon suit land after passing of decree - Without undertaking such an exercise, it was not open to executing Court to pass a direction to..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Possession of parties over suit property cannot be determined by issuance of commission...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application U.O.26.R.9 CPC to conduct an investigation and examination regarding possession of parties to a dispute would not be maintainable, particularly when there is no explanation furnished by plaintiff that he could not have access to any documents required for proving his possession over..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Gift deed - Cancellation of - Father gifted suit property to his son with condition that son would permit father to stay in the house and also take care of him - Father is not residing with son but with his elder son - Attitude of son in not taking back of father to his house would create doubt..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Suit instituted at place `P' for temporary reliefs - Right reserved to institute suit for substantial reliefs at place `B' at a later point of time - A litigant cannot be allowed to use one Court for the purpose of temporary reliefs and another Court for permanent reliefs - Plaintiffs were questioning..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of transferee purchaser and amendment of plaint - Suit for specific performance - Suit land was firstly transferred by vendors to defendant `H' and during pendency of suit defendant `H' further transferred the same to third party - Though third party to agreement to..........
Civil Procedure Code, 1908, Section 25 -- Transfer of case - Inter State transfer - S.25 CPC applies to inter State transfer of a suit, appeal or other proceeding where both the States have a High Court in terms of Art.214 of Constitution and not to a transfer where both States have a common High Court u/art 231 of Constitution...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Inter State transfer - Power u/s 24 CPC can be exercised by High Court even for inter State transfer of a suit, appeal or other proceeding, if it is the common High Court for two or more States u/art 231 of Constitution and both the Civil Courts (transferor and transferee) are subordinate to it...........
