Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Plaintiff omitted to include present suit properties in earlier suit - He has not sought leave of Court to sue for all such reliefs - Plaintiff thus, has relinquished his right in suit properties by virtue of O.2.R.2 CPC - Suit is not maintainable being barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought, is not going to change the nature of suit and no prejudice is going to be caused to other side by allowing the prayer for amendment - Amendment sought is necessary for determining the real question in controversy, therefore, with a view to avoid multiplicity of suit, amendment sought by..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Plaintiff failed to establish his exclusive ownership and exclusive possession over suit land - No revenue documents have been placed on the record in evidence to show that plaintiff and defendant are in possession of a certain specific portions of suit land - In the absence of any evidence having..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Partition suit - Plea of previous partition - Facts of partition have to be specifically pleaded and proved - Merely contending that suit property has already been partitioned, is not sufficient...........
Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Suit for recovery of possession - Petitioner was neither a party to suit nor purchaser or representative of parties to decree - He failed to show that he is entitled to object to execution of decree - DH has not filed any application complaining about objector's resistance to execution..........
Will -- Suspicious circumstance - Exclusion of natural heirs - Execution of Will in favour of nephew and niece of testator - Original Will bears the thumb marked photograph of testator and it is a registered Will - Thumb impressions of Testator on the Will and on the endorsement have not been denied by plaintiff/natural heir - Scribe and attesting witnesses of Will..........
Civil Procedure Code, 1908, Section 115 -- Revision - Order of dismissal of suit - Order passed has the status of a decree and challenge to the same has to be made by filing appeal - Revision not maintainable...........
Family Courts Act, 1984, Section 7 -- Suit for dissolution of marriage - Muslim male can sue a suit or proceeding for dissolution of marriage under Family Courts Act but cannot seek divorce under Dissolution of Muslim Marriages Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
