Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of subsequent suit - Omission to claim relief in earlier suit - Such relief amounts to explicitly relinquished - Plaintiff is not entitled thereafter to sue again for such relief so omitted or relinquished, in the previous suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Dispossession after filing of suit - Amendment sought after a delay of more than one year eight months of the subsequent event - No reason for said delay - Moreover, there is no prayer for possession and if plaintiff is dispossessed after filing of suit, he is having a separate cause..........
Rent and eviction -- Bona fide need - Subsequent event - Marriage of landlady during pendency of appeal - Need of landlady does not get extinguished as she wanted the premises not just for herself but to accommodate her parents and grandparents in the suit premises so that they can live together...........
Civil Procedure Code, 1908, Section 152 -- Correction of decree - Suit for declaration of gift deed as null and void decreed by Trial Court by ignoring the subsequent amendment which was allowed to incorporate the fact of cancellation of gift deed - Though both the reliefs i.e relief of declaration that gift deed is null and void and relief of cancellation of said deed..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Notice to all the parties - Impleadment of a party subsequent to appointment of local commissioner - In the interest of justice prayer of re-issuance of warrant to Advocate Commissioner granted so as to submit a proper report after due consideration of all relevant documents and noting down the physical..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Plea in suit for injunction that defendant refused to honour the agreement to sell - Such plea gives rise to cause of action to file suit for specific performance - Plea that cause of action for filing suit for specific performance could not have arisen before the last date of..........
Agreement to sell -- Specific performance - Subsequent purchasers - Having knowledge of execution of sale agreements - No steps were taken by subsequent purchasers to inquire about whereabouts of original title deed - Conduct of defendants themselves indicates that subsequent purchasers are not bona fide as sale deed came to be executed and registered with unusual haste -..........
Civil Procedure Code, 1908, Section 11 -- Res-judicata - Plea of adverse possession in subsequent suit on the basis of same sale deed - Barred by res-judicata as competent civil Court has already heard and decided the issue and same has reached finality...........
Specific Relief Act, 1963, Section 37 -- Injunction suit - In a suit for injunction, Court need not to examine the question of title nor findings recorded in a suit for injunction qua title constitutes res judicata in subsequent proceedings qua ownership...........
Motor Vehicles Act, 1988, Section 166 -- Compensation - Subsequent divergent statement of witness in criminal case, which was not part of evidence of claim petition, is no ground to find any fault with conclusion arrived by Tribunal on issue of negligence - Subsequent acquittal of drive of truck in criminal case is also no ground to no, suit claimants in claim petition..........
