A plaintiff seeking a decree of specific performance of an agreement to sell is required to independently plead and prove his continuous readiness and willingness to perform his part of the ..

A single appeal filed against two distinct reliefs, namely dismissal of a divorce petition and a decree of restitution of conjugal rights passed by way of counter claim, is not maintainable ..

The condition of furnishing security, surety, or indemnity bond under Section 375 of the Indian Succession Act, 1925 cannot be mechanically insisted upon in all cases. Where the applicant is..

Where execution of an ex parte decree in a recovery suit was stayed subject to the condition of furnishing security or bank guarantee equal to the decreetal amount, such condition was held t..

A plaintiff seeking the relief of specific performance of an agreement to sell is required to establish that he was ready and willing to perform his part of the contract not merely at the ti..

Where a legal representative of a deceased plaintiff was impleaded at the stage of the defendant's evidence and the plaintiff's evidence had already been closed, the trial court dismissed th..

A Hindu wife has a legal right to claim maintenance out of her husband's property and is therefore entitled to protection under Section 39 of the Transfer of Property Act, 1882. Where the hu..

The question of whether a suit is barred by limitation cannot be treated as a pure question of law when the plaint pleadings raise factual disputes regarding the same. It is a mixed question..

Where a husband obtained an ex parte divorce decree against his first wife and later solemnized a second marriage, and thereafter died, the second wife and children born from the second marr..

Where an application for amendment of plaint was rejected solely on the ground of delay in filing, such rejection is not sustainable when the suit itself was filed in the year 1997, i.e., pr..

Where a mutation is sought to be entered on the basis of a Will, the plea that the Will must first be proved before mutation is entered cannot be sustained, particularly when the party raisi..

O.18 R.17 CPC does not give either party the right to further examine or cross-examine a witness who has already been examined -- This provision empowers only the Court to put questions to s..