Civil Procedure Code, 1908, Order 22, Rule 3(2) -- Abatement of suit - Death of plaintiff - Plaintiff died during pendency of appeal - No one has come forward to bring his LRs on record - Suit shall abate against deceased plaintiff and judgment may be pronounced notwithstanding his death - Suit filed by deceased plaintiff shall stand decreed...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Where both the parties to lis are the same and suit property is the same, there is no ground to ask defendants to file a separate suit and counter claim cannot be excluded from main suit...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - In a suit where plaintiff pleads his lawful or peaceful possession over the suit property and his possession is interfered with or threatened by the defendant, plaintiff is required to establish his possession and as such has right to protect his possession against such unlawful interference...........
Revenue Court -- Cannot decide civil rights/title of parties - In case there is a dispute or question of title arises out and civil suit is pending for declaration of title and permanent injunction, then order passed by Civil Court will be binding upon revenue authorities...........
Revenue Court -- Cannot decide civil rights/title of parties - In case there is a dispute or question of title arises out and civil suit is pending for declaration of title and permanent injunction, then order passed by Civil Court will be binding upon revenue authorities...........
Mutation -- Granted during pendency of civil suit and existence of stay order - If civil suit for declaration of title and permanent injunction is pending then order passed by Civil Court will be binding upon Revenue Authorities - Impugned order set aside...........
Mutation -- Granted during pendency of civil suit and existence of stay order - If civil suit for declaration of title and permanent injunction is pending then order passed by Civil Court will be binding upon Revenue Authorities - Impugned order set aside...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Question of valuation of suit and pecuniary jurisdiction is a mixed question of law and facts - It cannot be decided as a preliminary issue...........
Civil Procedure Code, 1908, Order 43, Rule 1(u) -- Appeal - Order setting aside ex parte decree and remand of case - Suit decided without affording opportunity to parties to adduce evidence on the issues framed - Trial Court therefore decided the suit without following due procedure of law, which is gross illegality in the eyes of law - Order setting aside ex parte decree..........
