Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente-lite - Application for amendment of pleadings u/s 24 HMA - Rejection of application by trial Court on the ground of availability of remedy u/s 127 Cr.P.C. - Said finding of trial Court held, erroneous, as it leads to multiplicity of proceedings - Amendment application..........
Civil Procedure Code, 1908, Order 33, Rule 15 -- Indigent person - An order refusing to allow applicant to sue as an indigent person - Applicant shall be at liberty to institute suit in the ordinary manner in respect of such a right...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Civil Procedure Code, 1908, Section 144 -- Restitution - S.144 CPC applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - In that situation, Court which passed the decree may cause restitution to be made, on an application of any party entitled,..........
Civil Procedure Code, 1908, Section 115, Order 13, Rule 4 -- Marking of document - Rejection of - Revision - Release deed - Defendants openly expressed that they intended to mark document only for purpose of establishing that plaintiff had extinguish her right and title over suit properties in view of release deed executed by her after receiving compensation - Plea taken..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Dismissal of application - During course of leading evidence, petitioner examined himself as one of his witnesses and was also cross examined - Such cross examination revealed certain lacunas in petitioner`s case particularly with regard to vagueness in case set up by petitioner regarding identification..........
Civil Procedure Code, 1908, Order 1, Rule 10, Specific Relief Act, 1963, Section 19(b) -- Impleadment of party - Dismissal of application - Suit for specific performance was filed in July 2007 - Written statement came to be filed by defendants in May 2018 after about 11 years of filing of the suit - Petitioner had purchased suit property vide two sale deeds and thereafter..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9, 151 -- Abatement of appeal - Death of plaintiff - Suit and appeal filed by one of legal heirs of plaintiff as power of attorney holder of plaintiff - Application for setting aside abatement of appeal filed after a lapse of four years from date of death of plaintiff - Since suit itself was filed by power of attorney holder..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Since plaintiffs cannot place any document on title in respect of suit property therefore, there is no impropriety in judgment passed by first appellate Court not holding that plaintiffs have title over the property based on the record-of-rights - Appeal dismissed...........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 37 -- Second appeal - Suit for permanent injunction - Encroachment of public street - Aks-sijrs not proved on record to establish possession whereas, document brought on record on behalf of plaintiff does not prove any encroachment - It is not establish that who had been in actual physical..........
