Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Eviction petition - Amendment sought that bona fide requirement of landlord became extinct on account of subsequent event, as landlord purchased a residential plot and already constructed two story building on it - However, premises in question required for commercial purposes - Requirement for..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Rejection of plaint - Before decision of this application, plaintiff filed application for amendment of plaint - Application for amendment of plaint has to be decided first before deciding application for rejection of plaint...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Direction to submit report as regards possession and user of land - Held, this amounts to collection of evidence which is not the object of the provision regarding appointment of Court Commissioner, as contained in O.26.R.9 CPC...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Condonation of delay - Delay of 75 days in filing application for restoration of suit - Delay of 75 days in filing application for restoration of suit is not an inordinate delay and ought to have been condoned by the trial Court...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Long time consumed by plaintiff in producing his evidence - Not a ground for dismissal of application for condonation of delay and restoration of suit...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7, Civil Procedure Code, 1908, Section 94 -- Joint family business - Suit for rendition of accounts - Order appointing Advocate Commissioner to take inventory of business conducted in joint family business and to take note of the accounts - Order upheld...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is not to be restored to in normal course - It is for the Court to come to conclusion that evidence is not sufficient for it to adjudicate the issue and decide the same on merits and where trial Court had not allowed such evidence to come on record and for..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay - In appropriate cases, parties are permitted to amend their pleadings at any stage not only during pendency of trial but also at the first and second appellate stage with the leave of the Court provided amendment proposed is bona fide, relevant and necessary for deciding the rights of parties..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and mandatory injunction - Plaintiff himself admitted that one of survey no of suit property stood in the name of one person - Having not impleaded the said person, suit is hit by no, joinder of necessary party...........
