Specific Relief Act, 1963, Section 34 -- Suit for declaration of ownership in possession - Civil Court cannot grant declaration on the basis of revenue records - It is duty of plaintiff to produce document of title...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Setting aside - Plaintiff once having consciously entered into a compromise showing his inclination not to pursue the suit cannot question execution of the same and based on that cannot seek recall of the decree passed by Court...........
Civil Procedure Code, 1908, Order 9 -- Ex parte - O.9 CPC indicates that after participation by any of party in civil suit, if his counsel fails to appear or pleads "no instruction", civil Court would proceed ex parte - In absence of Rule, it is not mandatory either for trial Court or Appellate Court to issue fresh notice for appearance...........
Civil Procedure Code, 1908, Order 9 -- Ex parte - O.9 CPC indicates that after participation by any of party in civil suit, if his counsel fails to appear or pleads "no instruction", civil Court would proceed ex parte - In absence of Rule, it is not mandatory either for trial Court or Appellate Court to issue fresh notice for appearance...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant was not only served the notice of civil suit but he participated till closure of evidence of both the parties - At the time of final argument `No instructions' was pleaded - No sufficient ground was shown for non-production of evidence despite six opportunities to defendant -..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration simpliciter - Maintainability - Plaintiff was aware that defendant was in possession of suit property - It was thus, incumbent upon plaintiff to seek relief which follows - Held, suit is not maintainable...........
Limitation Act, 1963, Article 58 -- Limitation - Suit for declaration - Suit not filed within three years of accrual of cause of action - Suit filed is not within time...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Objections as taken by defendant are mixed question of facts and law, which cannot be decided at this stage - Plaint not liable to be rejected - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration that sale deed is null and void - Plaintiffs in one way pleaded that consideration amount was passed and also that deceased sought to enforce the agreement for re-conveyance - Therefore, instead of seeking relief based on such re-conveyance deed, an untenable relief of declaration..........
