Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession, permanent injunction and recovery of plot - Defendant sought impleadment of Sub-Registrar and additional Collector for the purpose of determining the validity of documents produced on the basis of which plaintiff had purchased the disputed property - However, no relief is sought..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside by Court where defendant satisfies Court that : (a) summons were not duly served upon him; (b) he was prevented by any sufficient cause from appearing before Court when suit was called for hearing...........
Specific Relief Act, 1963, Section 19(b) -- Bona fide purchasers - Suit for specific performance - Onus is on subsequent purchaser to prove that he purchased the property in good faith and also bona fide purchaser for value...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment only seeks to rectify a clerical error in the description of property boundaries in the plaint schedule by interchanging the southern boundary with the northern boundary - Amendment is merely sought to correct a clerical mistake in the boundary description and does not alter the substance of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought is merely explanatory and clarificatory in nature which has no effect of altering nature of suit - Trial Court allowed amendment holding that amendment sought was imperative for just decision of the case on merits - Application rightly allowed...........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - When an application for issuance of summons to witness is filed U.O.16.R.1(2) CPC, Trial Court has to ensure that the purpose for summoning is specifically stated in the application and has to consider whether said purpose is relevant for adjudication of suit or proceeding before it, before issuing..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession - In a suit for possession based on title, plaintiffs must establish their ownership...........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for possession based on title - Title of plaintiff not specifically denied - As defendant claimed adverse possession as such burden has shifted to defendant to prove their adverse possession...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - First Appellate Court erroneously placed the burden of proving ownership on plaintiffs, despite the defendants admission of their title by pleading adverse possession - Court disregarded the jamabandi entries and other revenue records without valid justification - Court's conclusion that..........
Hindu Adoptions and Maintenance Act, 1956, Section 20 -- Maintenance to daughter - Father is bound to maintain his minor child by providing proper sustenance, education and medical treatment - He cannot exonerate himself from his liability of maintaining a child - Monthly maintenance @ Rs.10,000 p.m to plaintiff from the date of suit till the date of her marriage is..........
