Specific Relief Act, 1963, Section 38, Transfer of Property Act, 1882, Section 53A -- Suit for permanent injunction - Possession delivered in pursuance of agreement to sell - Suit is not maintainable in absence of relief prayed for specific performance of agreement...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Dismissal of suit as not maintainable - Order is contrary to the provision of O.12.R.6 CPC - Provision is meant for a decree of a suit where defendants make admission...........
Possession -- Suit for possession in absence of title is not maintainable...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Settled account - Summary suit on a settled account is maintainable as settling of accounts gives rise to a written contract on a fresh cause of action, with an implied promise to pay the amount settled...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Not maintainable on basis of an implied promise to pay...........
Civil Procedure Code, 1908, Order 37, Rule 2 -- Summary suit - Bill of exchange or promissory note - Not duly stamped - Summary suit is not maintainable...........
Specific Relief Act, 1963, Section 37, 38, 39 -- Passage - Plaintiff claiming exclusive rights - Defendant claiming it to be a common lane for both plaintiff as well as defendant - Both parties relying upon documents - Suit for permanent injunction and mandatory injunction, without having the title declared, is not maintainable...........
Haryana Relief of Agricultural Indebtedness Act, 1989, Section 2(g), Clause (vii), (viii), 17(b) -- Loan for purchase of Tractor - Failure to pay loan - Suit for recovery by bank - Decreed - Execution - Objections filed by J.D. that execution is not maintainable in terms of sec. 17(b) - Accepted by Ld. Executing Court holding that the loan advanced by the bank is not price..........
Civil Procedure Code, 1908, Section 80 -- Notice - Service of - Exemption - Suit filed against Govt. - Application u/s 80(2) for grant of leave to file suit without service of prior notice - Application rejected - Revision - Maintainable - Superior Courts can grant such leave as otherwise in an emergent situation a litigant may be left without remedy once such leave is..........
Civil Procedure Code, 1908, Order 7, Rule 2 -- Money suit - Can be filed even in existence of open, mutual and current accounts between parties and it is not necessary that plaintiff should file a suit for rendition of accounts - It was wrong on part of first Appellate Court to hold that money suit is not maintainable and to convert suit into one for rendition of accounts..........
