Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Plaint averments contains proper cause of action which does not per se disclose that suit is barred by limitation - Application rightly rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory and permanent injunction - Defendant obstructed the public way/Gali by raising illegal construction of a wall - Drain pipes from plaintiff's house have opening towards subject Gali and even drain pipes from defendant's house also have their opening towards the subject Gali - Trial Court did not..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - For deciding the issue involved in the suit, same could be decided even in the absence of petitioner - Therefore, he could not come within the definition of necessary party - Though, petitioner happens to be a proper party as he pleads that suit property is part of property..........
Money suit -- Recovery suit for money based on dishonoured cheques - Cheques in question were dishonoured for insufficiency of funds - Notice issued by plaintiff was not replied by defendant - PW2 who was a witness to transaction found to be reliable witness and nothing has been brought to notice of Court to discredit the witness - Trial Court rightly rejected the defence..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Partition suit - Serious triable issues arise in the case which need to be determined in the course of trial - Creating third party interest inducting third party by way of sale or otherwise would complicate the matters further - Preservation of property as it exists is therefore necessary and in the..........
Civil Procedure Code, 1908, Section 9, Kerala Land Conservancy Act, 1957, Section 20 -- Civil suit - Jurisdiction of Civil Court - Bar under Act of 1957 - For bar to apply the civil suit instituted would have to be against an order passed by the competent authority under this Act in respect of unauthorised occupation of Government land...........
Partition suit -- Joint family properties - Properties in question independently purchased by defendant/elder brother of plaintiff from his own source of income - Suit properties are not joint family properties - Plaintiff cannot seek relief of partition of suit properties and he would also not be entitled to seek for a permanent injunction restraining defendants from..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Suit for partition - Dismissed in default - Subsequent suit - Cause of action in a suit for partition is recurring one - Bar of O.9.R.9 or O.22.R.9 CPC is not applicable to subsequent suit for partition...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Disputed abadi was sold by means of sale deed - DW6 admitted that there is a dilapidated structure on abadi which corroborates the recital in sale deed that Malwa existed over sold land - Site plan also corroborates description of Abadi given in sale deed - Courts..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Compromise - Refund of Court fee - Petitioner filed the suit for specific performance and permanent injunction - However, suit was compromised but plaintiff failed to establish the facts mentioned in compromise - Compromise could not be accepted - But prayer of withdrawal of suit deserve acceptance was..........
