Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Rectification of inadvertent mistake of mentioning wrong survey number - Plaintiff in his cross-examination confronted thrice about correct survey number from which cause in the suit had arisen - No inadvertent mistake or clerical mistake reflected from said testimony - Attempt on the part of plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea of limitation sought by way of amendment - Amendment application rejected by Court below only on ground that question of limitation is purely a legal plea and Court is duty bound to consider the same even otherwise - Further, Court below observed that only material facts has to be pleaded..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Withdrawal of - Partition suit - Purpose of a compromise is to resolve a dispute between litigating parties - Since alleged compromise filed by plaintiff would not resolve dispute between parties, trial Court rightly rejected the compromise application...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for possession - Suit for declaration, possession and mandatory injunction - Direction for removal of construction by Executing Court - Validity - Executing Court while executing a decree for possession is entitled to pass such incidental, ancillary or necessary orders for effective enforcement of decree..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration - Barred by limitation - As per plaintiff exchange effected by co-sharer behind plaintiffs back - However, revenue entries in jamabandi brought on record shows that mutation was effected long time back in year 1958 in joint khewat - Even, fact of exchange was well in knowledge of all parties..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Order allowing withdrawal of suit without there being specific mention of the fact of granting liberty to plaintiff to file a fresh suit - Plaintiff in his statement clearly stated that he wants to withdraw the suit with liberty to file fresh suit - Statement of..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Sine qua non for invoking O.2.R.2(2) CPC is that relief which plaintiff claimed in second suit was also available to plaintiff for being claimed in previous suit on cause of action pleaded in previous suit against defendant and yet not claimed by plaintiff...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent injunction filed - Suit withdrawn and subsequent suit for specific performance filed - Second suit for specific performance is not barred U.O.2.R.2 CPC as (i) Cause of action to claim a relief of permanent injunction and the cause of action to claim a relief of specific..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - If any third party has direct interest in property for which decree of specific performance is being sought, then Court ought to liberally permit him to be impleaded as a party to suit - In such situation, it would be appropriate to avoid multiplicity of litigation - In..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20 -- Temporary injunction - Declined - Appeal against - Appeal filed against some of the defendants - Allegations against all the defendants in order to justify grant of temporary injunction - Grounds of appeal directly concern defendants in the pending suit who have not been made..........
