Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for mandatory injunction was filed by plaintiff which was dismissed - Appeal against the same also dismissed, but special liberty was granted to plaintiff to apply for new electricity connection - Subsequent suit for permanent injunction filed alleging that plaintiff was being granted such electricity..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment sought to add some properties in addition to already made by plaintiff - Third party to suit, without being impleaded cannot seek partition of different properties from that of properties sought by plaintiff - It is nothing but changing very nature of suit - If she has any..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Paternal grandmother of plaintiff seeking her impleadment in the suit - However, suit filed in the year 2014 and application for impleadment filed in 2019 - Paternal grandmother of plaintiff being head of family must have knowledge about family affairs and also about institution of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Partition suit filed by wife against husband - Husband during subsistence of his marriage with plaintiff/wife remarried `J' - Children born out of said marriage are illegitimate sons and daughters for purpose of S.16(3) of Hindu Marriage Act and would only be entitled for partition in self acquired..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Petitioner claimed title to property in question - He is thus, a necessary party to suit - Application rightly allowed...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Claim of plaintiff is based on promissory note - Acute financial embarrassment is being faced by defendant, as three loans having been availed from three different quarters running into enormous amount after date of execution of promissory note - There are thus, reasonable grounds..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought seeking relief of mandatory injunction - Issues have been framed but trial has not commenced so far - Amendment sought is within imitation - Application allowed with costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - To report as to what part of property is constructed upon and what part is vacant - It does not amount to gathering substantial evidence - Local Commissioner will not state in his report as to who is in possession or not in possession of any part of suit property and in case Local..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Commissioner - Application filed after 44 years of filing of suit - No explanation given by defendants for such delay in filing application U.O.26.R.9 CPC - Defendants encroached upon certain piece of land belonging to plaintiffs - It would not be in the interest of justice to remand the matter to trial Court..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
