Civil Procedure Code, 1908—Order 39, Rules 1 and 2—Temporary injunction—Ingredients—Prima facie case, balance of convenience and irreparable injury—Finding on prima facie case would be a finding of fact.
Dismissal of a suit-whether an application for restoration of the suit dismissed under Rule 35 of Chapter X of the Original Side Rules of the Calcutta High Court is maintainable and if it is maintainable whether an application could be entertained only if it is filed before the order dismissing the suit is drawn up, completed and filed.
In the absence of any evidence of any forgery or fabrication and in the absence of specific denial of the execution of the gift deed, the Donee was under no obligation to examine one of the attesting witnesses of the gift deed.
No limitation for executing Preliminary Decree- 12 years period under Limitation Act not Applicable
A fraud is an act of deliberate deception with the design of securing something by taking unfair advantage of another
Appellant was justified in moving application for restoration of appeal and setting aside of ex parte order particularly when his brother had died and his wife had met with an accident during relevant period
A suit for declaration of title and confirmation of possession of, certain lands and other ancillary reliefs.The plaintiffs claimed to have derived title to the lands in suit by purchase from the defendant by a registered deed
If a party asks for a relief on a clear and specific ground, and in the issues or at the trial, no other ground is covered either directly or by necessary implication, it would not be open to the said party to attempt to sustain the same claim on a ground which is entirely new.
An admission made in a pleading is not to be treated in the same manner as an admission in a document.
A decree obtained by fraud cannot be used as res judicata and the same can be challenged by a separate Suit-SC
RAM CHANDRA SINGH VS
SAVITRI DEVI AND OTHERS – judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.