Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Plaintiff sought partition of suit property acquired jointly by plaintiff and defendant through sale deed - Impleadment of daughters of predeceased wife of defendant, cannot be faulted with as they are not necessary parties - Non-joinder of heirs of wife of defendant to suit..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Issue regarding readiness and willingness being a question of fact was gone into by Courts below and concurrently held that nothing has been brought on record to show that father of plaintiff after entering into agreement with defendant and till his death was ready and willing to..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Rajasthan Rent Control Act, 2001, Section 9(A), (I), (E), (F), 21(3), Evidence Act, 1872, Section 45 -- Eviction petition - Tribunal denied to be take documents on record - Since said documents were denied to be taken on record, therefore, Tribunal observed that there was no justification for taking report of handwriting..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent and mandatory injunction - Name of plaintiff recorded in revenue record - Plaintiff has a right to seek remedy before Civil Court, as no declaration of title is involved...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Lower appellate Court while exercising power u/s 96 CPC is final Court on both law and fact - It is thus, permissible for Lower appellate Court to re-appreciate evidence and come to contrary finding...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Stated to be explanatory only - Pleading has to be based on facts in concise manner - Amendment of pleadings for the purpose of explanation cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Plea that plaintiff will not suffer any prejudice - Plaintiff has already led his evidence - Plaintiff is likely to suffer prejudice - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections not filed despite repeated adjournments - Executing Court is not expected to invite any party to file objections - It is duty of JD to file objections if any...........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Non filing within time - Extension of time - There is no restriction in O.8.R.10 CPC that on expiry of ninety days, further time cannot be granted...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10 -- Written statement - Non filing within time - Pronouncement of judgment - Judgment pronounced U.O.8.R.10 CPC should indicate that Court has applied its mind to the merits of the case - It is duty of Court to consider case of plaintiff on merits after giving him opportunity to adduce his evidence and judgment..........
