Civil Procedure Code, 1908, Order 22, Rule 4, 9, Limitation Act, 1963, Section 5 -- Death of defendant - Substitution of LRs - Condonation of delay - Suit is at the stage of evidence of defendants - Court at that stage generally lean in favour of deciding lis between parties on merit rather than shutting out hearing on the grounds of technicalities - Moreover, petitioners..........
Civil Procedure Code, 1908, Order 22, Rule 4(4) -- Abatement of suit - Death of one of defendants - When there are more than one defendants, entire suit cannot be held to be abated on the death of one of defendants, as right to sue survives against other defendants - Power of exemption is available to Courts U.O.22.R.4(4) CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendants acquired knowledge on the basis of summons which were issued in execution case - Even in main suit summons were not served and it is not disputed that there was no order passed by Court or even on registered cover sent by Court that summons were either refused or deliberately..........
Agreement to sell -- Breach of agreement - Plaintiff is entitled either for specific performance or refund of money - It is not mandatory that without filing the suit for specific performance of agreement, plaintiff cannot claim refund of earnest money...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Plaintiff and defendant both are co-defendants in earlier suit - Present suit not liable to be stayed as provision of S.10 CPC is not attracted...........
Civil Procedure Code, 1908, Section 16, Order 7, Rule 10 -- Return of plaint - Lack of territorial jurisdiction - Suit property was situated outside the territorial jurisdiction of trial Court over which plaintiffs have claimed their right to carry construction - Trial Court was justified in holding that Court lacks territorial jurisdiction to entertain suit - Plaint..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title - Defendants admitted the ownership of plaintiff upon suit property - Plaintiff has not laid any claim over land which is owned and possessed by defendants - Suit rightly decreed in favour of plaintiff - Second appeal dismissed...........
Specific Relief Act, 1963, Section 38, 39 -- Permanent and mandatory injunction - Plaintiff failed to produce a single document of title in respect of suit land - Revenue documents led in evidence are essentially fiscal in nature - Moreover, revenue authorities or revenue Courts cannot decide complicated cases involving disputes regarding title for which jurisdiction only..........
Civil Procedure Code, 1908, Section 115, Order 26, Rule 9 -- Local Commissioner - Refusal to appoint - Revision - Order does not decide any issue nor does it adjudicate any rights of parties for the purpose of suit - Revision not maintainable against such an order...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Demarcation of property - Suit for possession and mandatory injunction - Prima facie there does not appear to be any dispute regarding demarcation of land, as suit simpliciter is for possession and mandatory injunction - It is for plaintiff to prove his case and she cannot take the aid of..........
