Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Plaintiff put the matter to defendant on basis of photocopy of document in question - Defendant admitted said document despite the fact that it was photocopy of document - Once document is admitted, plaintiff could not be faulted for seeking consequential amendment, that was purely formal..........
Civil Procedure Code, 1908, Section 92 -- Suit by trust - Leave u/s 92 CPC not taken - Rejection of plaint - Suit is not on behalf of public for vindication any public right but to protect the so called interest of trust and its property from hands of those who are now alleged to be intruders - Case has nothing to do with a breach of trust in a trust created for public..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only to correct name of mortgagor - Mistake committed in the plaint, does not appear to be an intentional error or an attempt to change nature of suit - Ordinarily a Court would not deny a bona fide and legitimate amendment - Moreover, while allowing amendment of pleadings, particularly..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 6 -- Amendment of written statement - Dismissal of application - Eviction petition - Landlord passed away, petitioners being close relatives cannot plead ignorance of such fact and justify their inaction particularly when his legal representatives have already come on record - Factum of..........
Rajasthan Rent Control Act, 2001, Section 6, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide requirement - Application for amendment of written statement of tenant that after death of landlord the son has joined his business and so bonafide requirement for personal business of his son does not exists anymore - Since in instant case issues have..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Defendants were never served any notice of pendency of suit before 29.8.2014 - On 29.8.2014 only a date was fixed to proceed ex parte and thereafter evidence of plaintiffs was taken on affidavit and matter fixed for ex parte judgment - Defendants even stated that if they are allowed to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........
Civil Procedure Code, 1908, Section 24 -- Transfer of family suit - Wife sought transfer of suit from Vadodara to Court at Deesa, as tremendous inconvenience caused to wife to attend the proceedings at Vadodara due to large distance - Reasons for transferring the suit appears to have been sufficiently explained - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner sought his impleadment on the ground that shop in question was taken on rent by him as well alongwith tenant - However, averments on record not indicate relationship of landlord and tenant of shop in question between plaintiff and petitioner - Even bills sought to be..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery as compensation on account of injuries - Relief of recovery of compensation denied by trial Court but granted by first appellate Court - Copy of MLR shows that injuries were present on plaintiff`s both legs - Even, plaintiff was medico-legally examined, duration of injuries was shown to within 6..........
