Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Defendant by way of additional evidence sought to produce bill for renovation work undertaken by him in respect of subject premises - Documentary evidence which defendant wanted to lead now was within his knowledge and possession at the time of filing of suit but same..........
Criminal Procedure Code, 1973, Section 239, 216 -- Discharge - Power of attorney executed by impersonating complainants and thereafter property was sold - Civil suit pending pertaining to the sale deed - However, civil court will not adjudicate as to how criminal offence was committed by impersonation - Fraud committed is a criminal offence and for this a separate trial is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for declaration of title and injunction - Petitioner purchased part of suit property much prior to filing of suit by plaintiff - Decree of suit will not bind petitioner - Petitioner held, cannot be said to be necessary or proper party to suit - Application for impleadment rejected...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Framing of additional issues at appellate stage - Proposed issues are already incorporated in existing issues framed by trial Court and were being considered by appellate Court - Merely an appeal happens to be a continuation of suit, it cannot be said that fresh issues would be framed or can be framed again at the stage of..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Formal defect - Expression "sufficient grounds" occurring in O.23.R.1(3)(b) cannot be restricted to defects of a formal character - Words are wide enough to take within its sweep other defects as well...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal Representatives - Determination of a person as legal representative - It is confined to the proceedings to enable the claimant to proceed with or continue the suit or appeal - It does not confer or recognise heirship...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Trial of suit not yet commenced - O.6.R.17 Proviso CPC would not come in the way of Court to consider application for amendment, even if application was filed 8 years after filing of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for perpetual injunction - Amendment sought to incorporate relief of declaration of title and recovery of possession, since a cloud about title of plaintiff raised by defendant in written statement - Application for temporary injunction was rejected, and finding was given that plaintiff was not in..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 75 -- Rejection of plaint - Limitation - Suit for damages - Defamation - Art.75 of Limitation Act, provides one year limitation from the date of publication of libel - Last date of publication/telecasting of news item was 2014 and one year thereafter had elapsed on 2015 - Suit filed in 2017 thus,..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Plaintiffs were not barred from filing comprehensive suit for specific performance and for injunction before Competent jurisdiction - Instead of filing of such suit, plaintiff filed suit for bare injunction, though cause of action arose for suit for specific performance at that time - Subsequent suit..........
