Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sough for adding relief of declaration as well as for adding pedigree of parties - Suit is pending since 1996 - Plaintiff failed to show before revisional Court or even before trial Court that he had no knowledge of pedigree of parties at the time of institution..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are only legal heirs of deceased and mutation of inheritance is liable to be entered and sanctioned in their favour - Suit filed against general public - Respondents being a member of general public has every right to contest suit - Even otherwise,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - It is not necessary to include a person who is holding life interest over property as party to suit for partition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for mandatory injunction - Amendment sought for incorporating relief of mesne profits - Amendment in question cannot be said to be a subsequent event that plaintiff was not aware of at the time of filing suit - Suit is filed in the year 2007 and amendment application filed in 2014 - However, there..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file afresh - Power to allow withdrawal of suit is discretionary - Trial Court has allowed the same on being satisfied about existence of a formal defect or sufficient ground - No interference warranted on impugned order of allowing withdrawal of suit with liberty to file afresh...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - Plaintiffs were avoiding cross-examination of defendants on one ground or other - Framing of additional issue at this late stage when evidence was so near completion would only delay decision of suit - Application U.O.14.R.5 CPC rightly rejected...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 1, 2, 3, 4, Limitation Act, 1963, Section 21 -- Substitution or addition of a party - Limitation - Suit against newly added parties would be deemed to have been instituted when he or she was so added - Proviso to S.21 of Limitation Act, deals with a case where Court is satisfied that..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Suit restored subject to payment of costs - Non payment of costs - Consequently application for restoration stood dismissed - Dismissal of restoration application was only for non payment of costs - Court could have granted extension of time for payment of cost - Suit restored subject..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - When previous suit for injunction was filed, relief of specific performance was not sought, as on such date cause of action for filing suit for specific performance of contract had not arisen - Subsequent suit for specific performance, held, not barred U.O.2.R.2 CPC...........
