Civil Procedure Code, 1908, Order 7, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 3-A -- Return of plaint - Compromise decree - Separate suit to challenge compromise decree not maintainable - Question of return of plaint does not arise as a separate suit itself is not maintainable whether in the same Court or in any another Court - What is barred is a 'separate..........
Specific Relief Act, 1963, Section 41(h) -- Suit for permanent injunction - Not maintainable when plaintiff has an equally efficacious remedy available - Property which was subject matter of suit was ancestral and coparcenary property - Plaintiff could assert right over the property by filing a suit for partition - Plaintiff filed a suit for injunction - Held, suit for..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Second suit - Where cause of action and the relief claimed in the second suit are not the same as in the first suit, the second suit is maintainable...........
Specific Relief Act, 1963, Section 39, Court Fees Act, 1870, Section 7(iv)(d) -- Public Street - Encroachment of - Suit for removal of encroachment - Court fee - Public street not have any market value as it is meant for public use - Not personal property of Municipality - Adveloram Court fee not payable - Suit for mandatory injunction maintainable...........
Hindu Succession Act, 1956, Section 20 -- Child in womb - Rights - Enumerated - (i) A child in the womb is entitled to a share in co-parcenary property of an undivided Hindu joint family; (ii) The child is entitled for a share in the joint family property when born alive and not otherwise; (iii) On behalf of the child in the womb no partition suit is maintainable; (iv) In..........
Civil Procedure Code, 1908, Section 115, Court Fees Act, 1870, Section 7(1)(c) -- Finding on question of valuation of suit for the purposes of Court fee and jurisdiction - Revision against - Held, maintainable...........
Civil Procedure Code, 1908, Section 2(10), Order 21, Rule 10 -- Execution - Suit dismissed and positive order in favour of defendant directing plaintiff to remove unauthorised constructions made during pendency of suit - Non compliance of order - Execution petition at the instance of defendant is maintainable...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Throwing garbage on a portion of the plot - Does not mean that plaintiff is dispossessed - Simpliciter suit for permanent injunction is maintainable...........
Specific Relief Act, 1963, Section 38 -- Simpliciter suit for permanent injunction - Plaintiff in possession - Suit is maintainable...........
Partnership Act, 1932, Section 69(2) -- Partnership firm - Unregistered - Filing suit for injunction after expiry of lease period - Held, suit is not maintainable in view of provision of S.69(2) of Partnership Act...........
