Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Property in question was transferred in the name of proposed party by way of forged Will - Later on said property was further sold to one `H' - Both these parties are necessary and affected parties to suit proceedings - Application rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 29, Civil Procedure Code, 1908, Order 9, Rule 13 -- Stay of execution proceedings pending decision of application U.O.9.R.13 CPC - No reasons forthcoming for not filing application for stay at a early date - Even application U.O.9.R.13 CPC has been filed only in the year 2019 - Liberty is thus, granted to defendant to file an..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Dispute regarding ownership of land - Delay of 60 years in initiating the dispute which is not explained - Criminal case is lodged only after failure to obtain relief in civil suits coupled with denial of relief in interim therein - Resort to criminal case is only with ulterior motive for oblique reasons and..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Late production of documents - Eviction petition - Documents sought to be produced on behalf of tenant were not completely alien to controversy - Tenant is yet to begin his evidence - No substantial prejudice shall be caused to other side in case the documents sought to be produced by tenant are allowed to be placed on record..........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Adjournment - Absence of counsel or his engagement in other Court cannot be ground of adjournment coupled with this fact that several adjournments were earlier sought...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where proposed amendment of pleadings amounts to only a different or an additional approach to same facts, such an amendment would be allowed even after expiry of statutory period of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - There is no absolute rule that in every case where relief is barred because of limitation, amendment should not be allowed - It is always open to Court to allow an amendment if it is of the view that allowing of an amendment shall really sub-serve the ultimate cause of justice..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - O.6.R.17 Proviso CPC to some extent curtails absolute discretion to allow amendment at any stage - Therefore, only a formal order of allowing amendment was required, which would not have caused any prejudice to party...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Condition of due diligence has to be complied with and therefore, it would be equally applicable for plaint and written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Change of counsel cannot be a ground for filing an application of amendment...........
