Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Recovery suit - Defendant has not admitted any liability towards plaintiff's claim in his written statement - In fact endeavour of defendant in his written statement is that he has to recover the amount from plaintiffs - One stray sentence from written statement cannot be taken out of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration that sale deeds are null and void - Restraining defendant from raising any construction and transferring suit property in favour of a third party - Possession of defendant No.1 over suit land is clearly established vide sale deeds in question and as per mutation entry - No prima..........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1, 2 -- Summoning of witnesses - Suit for cancellation of gift deed - Gift deed was executed before Sub-Registrar - Examination of Sub-Registrar is necessary for proper and effective adjudication of suit - Application allowed...........
Evidence Act, 1872, Section 112 -- DNA test - Suit for declaration that plaintiff is daughter of defendant - Defendant cannot be compelled to prove the case in the manner as suggested by contesting party - Burden lies on litigating party to prove her case by adducing evidence in support of her plea - DNA test cannot be ordered so as to lead to a roving enquiry - Plaintiff..........
Agreement to sell -- Specific performance - Readiness and willingness - Plaintiff averred and established that he sent a letter through registered post with receipt and served a legal notice through his counsel upon defendant requiring him to execute the sale deed - He also established that he kept the balance sale consideration to be paid to defendant in the shape of..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Earlier suit was filed for partition of immoveable properties of deceased - Present suit filed for partition in respect of FDs made in various banks and Financial institution - Claims in both the suits are distinct - Suit neither hit by res judicata nor barred U.O.2.R.2 CPC...........
Hindu Succession Act, 1956, Section 10 -- Rule.2 - Property of Hindu Male dying intestate - Deceased died leaving behind his two sons and four daughters - All the survivors as per S.10 of the Act are entitled to equal share in suit property/Fixed Deposits - Plaintiff nos. 1 to 3 being daughters of deceased are entitled to 1/6th share each in Fixed Deposits together with..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement not filed within statutory period - Striking off defence - Defendant despite being granted last opportunity after availing several opportunities failed to file written statement - Trial Court rightly struck off defence of defendant - However, since defendant is a contesting defendant, suit would be seriously..........
Civil Procedure Code, 1908, Section 10, 11, 151 -- Stay of subsequent suit - Barred by res judicata - Issue involved in the counter claim and rent application are separate and cause of action is distinct - Principle of res judicata would not operate and there would be no possibility of any conflicting decrees being passed - Applications u/ss 10, 151 CPC does not satisfy..........
