Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Court framed issues and proceeded for recording of evidence - Thereafter Court could not have reverted back to decide suit only on the basis of preliminary issues...........
Negotiable Instruments Act, 1881, Section 4, 118, Civil Procedure Code, 1908, Order 7, Rule 2 -- Suit for recovery on basis of promissory note - Presumption - Default in payment of loan borrowed by promisor/defendant despite issuance of legal notice - Plea of promisor/defendant that promisee/plaintiff fail to mention loan amount in his income tax return thereby he fail to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13, Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for eviction - Bonafide need - Exparte order of eviction during pendency of first proceedings - Setting aside of - There is sufficient explanation for non-appearance of petitioners in present proceedings - Petitioners had deposited the arrears of rent and mesne..........
Civil Procedure Code, 1908, Section 80, Order 6, Rule 17 -- Amendment of plaint - Amendment to incorporate certain facts and to implead Collector and Tehsildar - Addition of Collector and Tehsildar cannot be allowed to be impleaded without issuance of notice u/s 80 CPC - However, since facts sought to be incorporated by way of amendment is formal in nature and will not..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Granted by Bombay Civil Court and said injunction was confirmed by High Court while dismissing appeal from order - Interim injunction continued for last more than 5 years - No reason to interfere in the matter - Bombay Civil Court directed to dispose of the suit as expeditiously as possible...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Compromise decree - Earlier suit was withdrawn as compromise arrived at between parties - For applying principle of res judicata lis should have been decided on merits - Since there was no judgment on merits, trial Court committed no error in rejecting application u/s 11 CPC - Subsequent suit not barred u/s 11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Rejection of plaint - Withdrawal of earlier suit, in between parties, by unconditionally admitting title and possession of defendant on suit land - Said acknowledgment/admission was not conditional - It was not even mentioned in the application that a compromise has been..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Memorandum of oral gift sought to be produced by way of additional evidence - Document not filed in suit, though suit remained pending for about 18 years - Entire case of defendant is based on alleged oral gift and memorandum of gift executing in writing - Defendant thus, have full..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for specific performance - Amendment of plaint sought to insert phraseology of readiness and willingness - Plaintiff sought leave to amend plaint only when ground to that effect was taken in first appeal by defendant - Held, it was too late in the day for plaintiff to fill up such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Leave to amend - Can be refused if it introduces totally different, new and inconsistent case or challenges fundamental character of the suit...........
