Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaintiffs are claiming ownership on the basis of adoption - Adopted son having adverse decree twice affirming that he was not the adopted son - Plaintiff deliberately omitted to disclose this crucial fact - There exists no valid cause of action to initiate the suit - Plaint rejected...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Madras High Court Original Side Rules not complied with - Order directing deposit of 75% of suit claim as condition precedent for condoning delay and for setting aside ex parte decree - Held, unwarranted - Instead an order of payment of cost should have been..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of subsequent suit - Partition suit - Earlier suit for partition was filed against father of plaintiff and a compromise decree was passed in such suit - However, plaintiff was not party to such suit and compromise in said suit was not recorded after complying with O.23.R.3-B CPC - Even, no share was..........
Agreement to sell -- Specific performance - Extension of time to deposit balance sale consideration - DH granted one month time to deposit balance sale consideration - However, there was no condition in the decree that if DH failed to deposit the amount of balance consideration in a particular period, then suit would automatically be considered as dismissed - Trial Court..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Application filed after five years of passing the compromise decree - Limitation for challenging any decree is three years - A fresh suit to challenge the same may not be maintainable - In case amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Such relief could not be claimed in the present suit as all the parties thereto are not before Court in the suit in question...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Physical possession immediately before dispossession is not necessary to allow relief of recovery of possession - Such possession may be a symbolic possession or constructive possession...........
Specific Relief Act, 1963, Section 6 -- Suit for recovery of possession - Person who is found in possession of suit property within six months prior to the date of institution of suit is entitled to get relief u/s 6 of the Act - For recovery of possession, plaintiff need not establish his title...........
