Cpc G. Surya Narayanan Mhc Advt: Section 51, order 21

[3/10, 16:52] Cpc G. Surya Narayanan Mhc Advt: Section 51, order 21

Nitin Gunwant Shah vs Indian Bank & others

2012(5) SCJ 722

Petitioner filed suit to declare as statutory tenant dismissed for non-prosecution- later filed another suit not to dispossess him- petitioner obtained status quo- application later dismissed- whether a third party is a tenant or trespasser is to be decided in the suit- petitioner can always seek restitution of possession in the event of success in the suit

Section 100-

Ghisalal M.Agarwal (d) through Lrs & others vs Rameshwar @ Ramu Jawaharlal & another

2012(5) SCJ 141

Reversing concurrent findings of fact in second appeal not justified- respondent directed to hand over vacant possession which is held by them for last five decades
[3/12, 17:10] Cpc G. Surya Narayanan Mhc Advt: Order 1 rule 3 ; order 7 rule 11; 14,16

2012(5) SCJ 500

Church of Christ Charitable Trust & Educational Charitable Society vs M/s. Ponniamman Educational Trust

When plaintiff fails to implead necessary party in spite of objections, consequences of non- Joinder may follow- rejection of plaint can be exercised at any stage before conclusion of trial- matter in Plaint alone relevant and pleas in written statement irrelevant- every fact necessary for plaintiff to prove decree should be set out in clear terms- cause of action must include acts of defendant- documents included but not referred gets incorporated by reference in Plaint

Order 20 rule 18 , section 54

K. Thippanna @ Thippeswamy vs Varalakshmi & another

2012(5) SCJ 174

Suit for partition decreed by trial court- plaintiff sought for amendment of final decree application- dismissed and allowed by high court- held, without pleadings respondent not entitled to claim share in mineral alleged extracted-

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