Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Determination of actual position of suit property - Report by a local Commissioner would in fact help in effective adjudication of issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of local commissioner would result in creation of any..........
Civil Procedure Code, 1908, Order 9, Rule 2 -- Dismissal of suit for non supply of correct address - There is no provision for dismissal of suit for non supply of correct address - Impugned order set aside - Suit restored...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plaintiffs are in possession of suit property as per various documents placed on record - Prima facie case and balance of convenience are in favour of plaintiff - Plaintiff will suffer irreparable loss and injury in case denial of such relief - Defence by defendants that plaintiff along with her..........
Rent and eviction -- Sub-letting - Tenant assigned his business in the leased premises in favour of sub-tenant by executing assignment agreement and also received earnest money - Very act of execution of document was sufficient in itself to complete breach of lease condition and statutory mandate and did not require anything further - Breach being complete on his part..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendant as plaintiff - Transposition of a defendant can be permitted in case of part abandonment of claim by plaintiff, provided defendant seeking transposition has identical interest with plaintiff vis-a-vis both, contesting defendants and subject property -..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Where executant of sale deed wants it to be annulled, he has to pay ad valorem Court fee on consideration stated in sale deed...........
Money suit -- Writ petition for recovery of money due and payable under the bills/invoices - Earlier to that civil suit filed which was dismissed in default and restoration application was filed - Before that writ petition filed and same was allowed - Writ petition for recovery of money under the bills/invoices is not maintainable particularly when writ petitioner availed..........
Civil Procedure Code, 1908, Section 16(c) -- Jurisdiction of Court - Mortgage suit - Court in whose jurisdiction property is situated has jurisdiction to entertain mortgage suit as per S.16(c) CPC - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC - When a Court lacks jurisdiction parties cannot by their agreement confer the same, as..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Bar of subsequent suit on same cause of action - Suit for redemption of mortgage - If right of redemption is not extinguished, provision of O.9.R.9 CPC will not debar mortgagor from filing a second suit, as cause of action in a redemption suit is recurring one...........
Agreement to sell -- Specific performance - Execution of agreement in question was doubtful - Even payments as alleged by plaintiff not proved - Suit dismissed...........
