Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Application for restoration filed after delay of 18 months - Appellant was aware about dismissal of suit still he knowingly failed to file application for restoration within prescribed period - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After completion of plaintiff's evidence - Suit for partition - Amendment sought to include certain more properties of common ancestors - Amendment sought if allowed, would not only change the scope of suit in its entirety, but would also lead to its de novo trial - Amendment cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - After commencement of trial - Suit for partition - Amendment sought to include more ancestral properties - Petitioner failed to establish that he was not aware about the remaining ancestral property or he came to know about that immediately at the time of filing application - Application..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Earlier suit filed by predecessor-i, interest of plaintiff withdrawn - Plaintiff who stepped into the shoes of his predecessor, could not maintain subsequent suit as his predecessor-i, interest herself was debarred from filing the suit in view of O.23.R.1(4) CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought to include averment in respect of one more property which is a joint family property - Existence of property in question could not be ascertained while filing additional written statement, in spite of due diligence on the part of defendant No.1 - Property..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Ex parte ad interim injunction - Vacation of - Plaintiff nowhere shown to be in possession of any portion of suit property much less exclusive possession of property - No doubt, plaintiff relies on a conveyance deed and mutation of property, however, it is not apparent how he could have claimed that conveyance in respect of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Proceedings in an application for temporary injunction cannot be considered as independent proceedings, separate and distinct from proceedings in suit...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1A(3) -- Application for taking documents on record - Suit for declaration and permanent injunction - Document sought to be brought on record was wholly unrelated to suit - Further, it was filed by a stranger and that too at belated stage - Application rightly rejected...........
Civil Procedure Code, 1908, Order 16, Rule 1A -- Production of witnesses without summons - Application allowed - Legality of order - Partition suit - Application allowed after dealing with the issue of requirement of recording the evidence of witnesses - Proceedings were at initial stage - More so, evidence of aforesaid witnesses was important for proper adjudication of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of possession, on making refund of premium of sub-lease - Plaintiff asserting their right to re-enter in possession, by making refund of premium of sub-lease, which was distinct from right of re-possession - Suit based on vague right of re-entry, not maintainable - Amendment sought..........
