Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs did not advance larger claim made in present suit for declaration in earlier suit between same parties - They are debarred from claiming it in present suit - Suit is barred U.O.2.R.2 CPC as well as principle of res judicata - Subsequent suit, held, barred...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first Appellate Court - Suit for cancellation of sale deed - First Appellate Court has merely given a judgment of affirmance without considering evidence available on record - It was plaintiff who attacked sale deed, thus, burden was on plaintiff to have proved her case - However, First Appellate Court by..........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial suit - Inconvenience of wife should be treated as prime consideration in a proceeding u/s 24 CPC arising out of a matrimonial suit...........
Civil Procedure Code, 1908, Order 17, Rule 3 -- Once previous suit has been dismissed U.O.17.R.3 CPC and a decree sheet has been drawn, remedy for party was to file appeal and not to file a fresh suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief clause allowed to be amended - No occasion to grant fresh opportunity to lead evidence to defendant to the amended plaint and moreso no such right was asserted by defendant during pendency of suit...........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Inspection of suit property by Court - Remand of case - Both lower Court and Lower Appellate court have powers to inspect property by invoking O.18.R.18 CPC, apart from taking photograph and videograph of place in question - Lower Appellate Court ought not to have remanded matter to Lower Court, instead case could have been..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Partition suit - Defendant by way of additional written statement wants to withdraw the admission of character of property in original written statement - More so, application filed belatedly after closing of evidence - Order allowing application, set aside...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for declaration of title - Requirement arises in the case to exercise jurisdiction by appellate Court to call for a further evidence to satisfy itself whether purchaser had purchased same land by paying valuable consideration thereof thrice by means of three independent sale..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for perpetual injunction - Plaintiff was in possession of suit property - Defendant claiming right to way through counter claim - There is no specific embargo for filing counter claim in a suit for perpetual injunction - Counter claim rightly allowed...........
Civil Procedure Code, 1908, Order 15A, Delhi Rent Control Act, 1958, Section 2(1) -- Unauthorised occupant - Suit for recovery of possession and arrears of rent/damages/mense profits - Distinction between neighbouring premises and current premises and fact that tenant have been in occupation of suit property for several years - Defendant directed to deposit Rs.1 lakh p.m...........
