Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Title suit - Petitioners claim to be widow and children of original owner - They not only are proper parties to suit but they are indeed necessary parties to suit as without their presence no orders can be passed effectively by trial Court - If petitioners are not impleaded as parties, it would lead..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Defendants have already filed written statement and they were diligent enough to defend the suit - They came to know about ex parte decree only when they received notice in execution proceedings - Defendants ought to be given an..........
Limitation Act, 1963, Article 65 -- Suit for declaration and recovery of possession - When in a suit for declaration of title, a further relief is claimed in addition to mere declaration, relief of declaration would only be an ancillary one and for the purposes of limitation, it would be governed by the relief that has been additionally claimed - Further relief claimed in..........
Transfer of Property Act, 1882, Section 126 -- Gift deed - Revocation - Non-utilization of suit property and keeping the same as vacant may be a disobedience of the object of gift but that by itself would not attract the power to revoke the gift deed, particularly when there is no stipulation in the gift deed that if the suit property is not so utilized, gift would stand..........
Transfer of Property Act, 1882, Section 126 -- Gift - Revocation - Once it is held that gift deed was validly executed resulting in the absolute transfer of title in favour of plaintiff, same is not liable to be revoked, and as such the revocation deed is meaningless especially for the purposes of calculating the period of limitation for instituting the suit...........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A, Civil Procedure Code, 1908, Order 7, Rule 11 -- Consent decree - Application u/s 151 CPC to set aside consent decree alleged to be the result of fraud - Application U.O.7.R.11 CPC to reject the application filed u/s 151 CPC - Plea taken that consent decree cannot be set aside u/s 151 CPC and that consent decree was granted..........
Civil Procedure Code, 1908, Order 21, Rule 58, 69, 97 -- Attachment of property - Rejection of claim or objection to attachment - Appeal thereagainst is not maintainable having regard to express provision contained in O.21.R.58(5) CPC - Remedy lies to file a suit seeking declaration of their rights in respect of property in question...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from alienating or encumbering properties till disposal of main suit - Partition suit - Suit filed on basis of Will and gift deed - There is dispute regarding subsequent Will - However, with regard to first Will, all family members have got properties - As regarding gift deed,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act is maintainable even though civil suit for recovery is instituted on the same cause of action...........
Criminal Procedure Code, 1973, Section 125(3) -- Maintenance - Recovery of arrears of maintenance - Execution - Limitation period of one year as contemplated u/s 125(3) Cr.P.C merely prescribes the mode of recovery through Court and not the liability itself - There still remains a continuing liability to pay arrears of maintenance even after the right to recover such..........
