Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - At the instance of wife - Wife is residing at Rajsamand - Husband filed divorce petition at Udaipur - Wife living with aged parents as such it is very difficult for her to travel to Udaipur from her residential place at Rajsamand - In matrimonial proceedings, convenience of wife has to be considered..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for permanent injunction solely based on agreement to sell - Agreement to sell is not a conveyance and it does not transfer ownership rights or confer any title - There is no other document on which reliance is placed by plaintiff - Any of three ingredients for grant of temporary injunction are..........
Agreement to sell -- Specific performance - Suit for specific performance can be filed for enforcing an oral agreement - However, when specific performance is sought on the basis of written agreement and such document is marked in evidence then trial Court is required to appreciate such document...........
Agreement to sell -- Specific performance - Defendant though admitted execution of agreement but categorically stated that plaintiff has not complied with the agreement of sale and terms thereof - It cannot be said that there is a clear and categorical admission on the part of defendants regarding agreement of sale and terms thereof - More so, agreement in question is not..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Encroachment - Court below on basis of report of Mauka Commissioner and while considering other material available on record, has reached to prima facie conclusion that comparative measurements of land purchased by plaintiff and measurements of patta issued in favour of `R' from whom..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Defendant denied the execution of promissory note and plea taken that it was forged - Plaintiff discharged his burden by examining one of attestor in the pronote as PW2 and examining scribe of pronote as PW3 - Court compared the signatures on pronote with signature of defendant on suit summons and came to..........
Suit for possession -- Plea of adverse possession taken by defendant not proved - Plaintiff being owner of suit land is entitled for relief of possession...........
Suit for possession -- Limitation - Plaintiff has sought relief of possession on the basis of title - Until and unless, defendant is not able to prove her adverse possession, suit of plaintiff for possession is within limitation, as no limitation is prescribed for seeking possession on the basis of title...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where a previous suit was dismissed for non-appearance of plaintiff, subsequent suit was to be seen from the pleadings of the parties in the earlier suit and plaint cannot be rejected U.O.7.R.11 CPC by considering the averments of defendant raised in his written statement and his documents...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property in question is the absolute property of one `G' and she died intestate and thereafter her legal heirs got divided the property - Said property becomes the separate property and during the lifetime of father of plaintiffs, plaintiffs cannot seek relief of..........
