PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Written statement - Amendment at appellate stage - Will earlier not in the knowledge of defendant - Dismissal of application on ground of moving application at belated stage and Will seems to be not genuine as written on a paper alleged to have been bought for execution of an agreement - Order..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 41, Rule 27-- Additional evidence at appellate stage - Document sought to be produced was within knowledge of defendant - Additional evidence cannot be denied on this ground - Court can grant permission to lead additional evidence in case production of such evidence is necessary for just and proper adjudication..........
MADRAS HIGH COURT
Year of decision: 2007
Details
Specific Relief Act, 1963, Section 37, 38, 39-- Passage - Plaintiff claiming exclusive rights - Defendant claiming it to be a common lane for both plaintiff as well as defendant - Both parties relying upon documents - Suit for permanent injunction and mandatory injunction, without having the title declared, is not maintainable...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Consent decree-- Challenge as to - Plaintiff (Defendant in the previous suit) cannot wriggle out of the same by merely stating that he had agreed to suffer a consent decree in favour of all the sons of one `K' whereas the decree has been passed in favour of only two sons...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Consent decree-- Challenge as to - Plaintiff (Defendant in the previous suit) in cultivating possession at the time of passing of decree - Beneficiaries of decree nephews - Plaintiff used to live with the defendants and the last rites also performed by defendants - Held, cultivation of land by plaintiff after the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 23, Rule 1-- Withdrawal of suit - Challenge to execution of sale deed - Original suit for declaration of title and injunction - Said suit was withdrawn - No liberty to file fresh suit granted - Order allowing withdrawal cannot constitute a decree - It cannot debar the defendant from taking the defence in the..........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 2(2), Order 23, Rule 1-- Withdrawal of suit without liberty to file a fresh suit - Does not constitute a decree - It does not preclude the defendant in second round of litigation raising the plea that sale deed was not true and valid...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Consent decree-- Challenge as to - Fee of Advocate engaged on behalf of defendant paid by plaintiff - Nothing unusual as the parties were consenting to the decree...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Consent decree-- Challenge as to - Plaintiff (Defendant in the previous suit) sought to dispute the proceedings recorded in Court admitting the claim of plaintiff - Held, proceeding of the Court carry the presumption of correctness and the same cannot be permitted to be disputed, more so after long lapse of time...........
SUPREME COURT OF INDIA
Year of decision: 2007
Details
Civil Procedure Code, 1908, Section 16, 20-- Where suit falls within the preview of Sec. 16, proviso to Sec. 16 and provisions of Sec. 20 are not applicable - Proviso to Sec. 16 apply where relief sought can entirely be obtained by personal obedience of the defendant - Relief of partition, rendition of accounts, declaration of sale deed as..........