Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Whether suit is barred by any law must be determined from the statements in the plaint and it is not open to decide the issue on the basis of any other material including written statement in the case...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction with regard to erection of electric poles and electric line over plot owned by plaintiff - Suit is maintainable before civil Court. (Electricity Act, 2003, S.145)..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and consequent thereto amendment of plaint - Suit for specific performance - During pendency of suit brother of father of defendants No.2 & 3 gifted the suit property - If said persons are not allowed to be impleaded as defendants, it would definitely create..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Bonafide amendment can be allowed, at any stage of the suit - Amendments which are necessary for determination of real question in controversy can be allowed...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Defendant sought rejection of plaint on the ground that alleged sale deed has not been challenged by plaintiff in the suit - However, plea of plaintiff that he got knowledge of existence of sale deed at a later date is an essential fact which could not be decided at the stage of deciding..........
Will -- Suspicious circumstances - No attesting witness of Will has been examined as per provisions of S.68 of Evidence Act - Even, thumb impressions of testator has not been got proved from any handwriting and fingerprint expert - No reason assigned in the Will that why widow of testator was deprived from bounty of deceased and even no provision for her maintenance has..........
Adverse possession -- Plaintiff claiming his adverse possession since 1960 - Defendant produced Khasra Girdawaries from 1963-64 to prove possession of father of plaintiff in revenue record as tenant - Copies of khasra girdawaries may not carry the presumption of correctness, however they still form a part of official record - PW3 who is plaintiffs witness admitted in cross..........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Objection was raised in written statement that suit was false and vexatious - Suit withdrawn by plaintiff and same was not decided on merits - Trial Court failed to pass any order about payment of costs - Trial Court directed to pass order in accordance with law as to whether defendant is entitled to costs - If..........
Civil Procedure Code, 1908, Order 11, Rule 15 -- Inspection of documents - Power U.O.11.R.15 CPC cannot be exercised at the stage of appeal after contesting the suit on merits and passing of decree against petitioner...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - When the same issue is put in issue in a later suit based on title between the same parties or their privies in a subsequent suit, decree in injunction suit equally operates as res judicata...........
