Today CPC mhc advt Suriyanarayanan

[1/16, 10:16] Cpc G. Surya Narayanan Mhc Advt: Section 11
2011(1) SCJ 862
Nirmal Jeet Singh Hoon vs Irtiza Hussain & others
Small cause court cannot adjudicate on issue of title as procedure is summary in nature- Finding on title by it does not operate as res judicata
Section 100
2010(5) SCJ 442
Bharatha Matha & another vs R. Vijaya Renganathan & others
High court cannot interfere with finding of fact deciding second appeal unless the finding recorded by court below are perverse
Order 1 rule 10
2010(5) SCJ 831
Mumbai International Airport p Ltd
Vs Regency Convention Centre & Hotels P Ltd & others
Application filed to implead them dismissed and confirmed by High Court- appellant is not proper and necessary party- They seek only to get lease in the event of dismissal of suit for specific performance
[1/17, 10:22] Cpc G. Surya Narayanan Mhc Advt: Order 12 rule 6
2010(5) SCJ 855
Jeevan Diesels & Electricals Ltd vs Jasbir Singh Chadha (HUF) & another
Respondent filed suit for possession and mesne profit on expiration of lease- Trial court allowed application for decree on admission, confirmed in High Court- Held, there is no clear admission to grant decree
Order 21 rule 16
2010(5) SCJ 900
Speedline Agencies vs T. Stanes & co Ltd
Death of landlord after decree for eviction does not destroy right under decree- provision will apply to eviction for advancing public interest or ensuring just, fair and reasonable procedure
Order 21 rule 90
2010(5) SCJ 406
Improvement Trust, Ludhiana vs Ujagar Singh & others
Property attached and sold for recovery of amounts in a decree- objection filed dismissed for default- appeal filed with 2 month delay- application dismissed and confirmed in revision- held, delay is not huge as absolutely callous and negligent in prosecuting matter- execution court directed to dispose off objection

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