Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought with regard to boundaries in the schedule of plaint - Plaintiff should have been more careful and more diligent in incorporating the correct schedule of the boundaries to the suit schedule properties at the time of filing the suit or prior to commencement of trial -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Purchaser of ancestral property is necessary party and in absence of such necessary party, partition suit cannot be adjudicated...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Suit for declaration of title and permanent injunction - Applicants except stating that they are in possession of property and are cultivating the same for more than 30 years, have not shown that they have a direct interest in the subject matter of litigation so as to allow them to come on..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Nine adjournments granted to file written statement - Written statement not filed as defendant was under impression that plaintiff will withdraw suit after compromise in between the parties - Defendant was duty bound to ensure that follow up steps to withdraw suit are taken -..........
Civil Procedure Code, 1908, Order 1, Rule 10, 9, 3 -- Impleadment of son - Eviction suit against daughter-in-law - Son is not residing in suit property and even no relief is claimed against him - He cannot be said to be a necessary party to litigation between Father-in-law and daughter-in-law - Moreover, plaintiff/father-in-law in a suit being a dominus litis, may choose..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Leave of Court - Suit migrated to commercial Court - Filing of written statements as well as disclosure and discovery were all completed before suit migrated to a commercial suit, defendant would be governed by un-amended provisions of CPC i.e O.8.R.1-A(3) CPC and defendant has only to obtain..........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of a party - Application U.O.23.R.1-A CPC can be filed in two contingencies: (i) When plaintiff withdraws suit; or (ii) plaintiff abandons suit...........
Civil Procedure Code, 1908, Order 23, Rule 1A, 3 -- Transposition of a party as plaintiffs - Plaintiff neither withdrawing nor abandoning suit - He is seeking recording of compromise in terms of compromise arrived at between him and defendants - Application for transposition is thus, not maintainable...........
Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of a party as plaintiffs - Where party seeking transposition have no claim in the suit and no right can said to have sprang up in his favour after withdrawal/abandonment of suit by plaintiff, party cannot be entitled to seek transposition...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise - Suit for specific performance - Two suits - Compromise arrived at between parties, which is lawful - Consent decree for specific performance thus, need to be passed in one suit where plaintiff seeking recording of compromise - Suit decreed - Other suit in which plaintiff seeking..........
