Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Suit property was purchased by plaintiff from `M' and others - `M' and others not being necessary and proper party, were not required to be impleaded as party in the suit - Suit was filed for permanent injunction simpliciter and no ownership or possession was claimed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment sought barred by limitation - Question of limitation arising from the amendment sought, a mixed question of law and fact - Said plea of limitation can be made a subject matter of issue in the suit after allowing amendment prayed for...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to include prayer for cancellation of sale deed and for inclusion of some new properties - It is not clear from material on record as to whether plaintiff was aware of her right over property transferred through sale deed by defendant but remained inactive to challenge..........
Agreement to sell -- Specific performance - Sale of property to third person - Plea of bona fide purchaser - Agreement to sell in favour of plaintiff by defendants Nos.1 and 2 brothers - Defendant No.1 alone thereafter executed sale deed of half of suit property in favour of defendant No.3 - There was no partition in between defendant Nos.1 & 2 - Witness of sale deed in..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Purpose of O.7.R.3 CPC, is to ensure that there is description of suit property sufficient to identify the same, which is with intent and purpose that in a case a decree is passed, it ought to be an executable decree and does not remain a mere paper decree...........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - O.7.R.3 CPC is not mandatory - Defect in description can also be cured in execution proceedings, however for passing of an effective decree, it is necessary that in every suit, where relief of possession is claimed in respect of immovable property, a plaint map should be filed showing location,..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of suit property - Suit for permanent injunction - Plaintiff purchased suit land by virtue of sale deed - However, boundaries as given in sale deed, do not tally with boundaries as mentioned in plaint - Plaintiff has not taken care to place on record a plan/sketch or apply for inspection and measurement by any..........
West Bengal Premises Tenancy act, 1956, Section 7(1), 7(2) -- Suit for eviction - Application for recalling of order by which suit was fixed for ex parte hearing - Suit fixed for ex parte hearing because written statement not filed within time - Repeated adjournments prayed by petitioner - Further, petitioner failed to suggest issues - However, as this is a suit for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Encroachment made by defendant neither pleaded nor stated by plaintiff while appearing in witness box - Only allegation is that defendant tried to encroach upon suit land - Appointment of Local Commissioner not required - Application rightly rejected...........
Civil Procedure Code, 1908, Section 94, 151 -- Application for issuance of direction to plaintiff to restore electricity supply of disputed room - S.94 CPC deals with supplementary proceedings, which are supplemental to main suit pending before Court concerned - Relief claimed by petitioner is not a relief which is sought in supplemental proceedings - Application u/ss 94,..........
