Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournments - O.17.R.1 CPC states that on sufficient cause being shown, Court may at any stage of suit, grant adjournment for reasons to be recorded in writing provided no such adjournment should be granted more than three times to a party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 7, Rule 11 -- Temporary injunction during pendency of appeal filed against order of rejection of plaint - When plaint is rejected, it cannot be said that appeal filed against such an order is continuation of suit - Plaint once rejected, until it is revised/restored, an order of temporary..........
Benami Transactions (Prohibition) Act, 1988, Section 4(3) -- Benami transaction - Fiduciary relationship - Plaintiff purchased property in the name of his mother - However, plaintiff does not claim that his mother was standing in fiduciary capacity with reference to him - Suit for declaration claiming exclusive owner of property is not maintainable in view of prohibition..........
Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 23, Rule 1 -- Restoration of suit dismissed as withdrawn - Application U.O.9.R.9 CPC is not maintainable for restoration of such suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Pleader Commissioner - Dispute lies regarding use and utility of suit land either for cultivation purposes or having a school over the same - Petitioner denied claiming that there is no school building - Appointment of Commissioner is the right way to deal with the situation - For deciding an application for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for redemption of mortgage - Amendment sought that plaintiffs are entitled to mesne profits - At the fag end of trial when both the parties led their evidence, if amendment is allowed, it would amount to a de novo trial, as issue regarding mesne profits would have to be framed and defendant would..........
Partition suit -- In every partition suit there is implicit declaration of title of party, albeit, to the extent of share of parties...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC would be applicable only if there is identity of matter in issue in both the suits, meaning thereby, that whole of subject matter in both the suits is identical...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Suit property and parties are same in both the suits - Matter in issue in subsequent title suit is same in earlier title suit and decision in earlier suit would operate as res judicata so far as declaration of title of suit property - Subsequent suit stayed...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Condonation of delay - Delay of 1-1/2 years in filing application for restoration - However, delay in filing application is well explained even though application is not supported with an affidavit of law officer concerned - Moreover, property in question is worth crores..........
