Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Criminal case registered against defendant in which he was arrested - Matter was settled, MOU was executed and defendant was granted conditional bail - However, defendant did not comply with the terms and conditions of MOU executed before the Court - Plaintiffs were within their right to..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Criminal and civil proceedings are two different and separate independent remedies - Filling of FIR and even proceedings u/s 138 of N.I.Act, 1881 do not debar a person to avail civil remedy to recover the outstanding amount...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to add expression `willing' after expression `ready' in plaint - Certain other amendments were also sought, which are clarificatory in nature - Plaintiff stated that due to mistake by earlier counsel, certain averments which ought to have been made, could..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Plaintiff guilty of suppression of certain facts at the time of adjudication of application U.O.39.R.4 CPC - It is inherent in order of said application that said facts are necessary for controversy - Plaintiff immediately filed application U.O.6.R.17 CPC to incorporate..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Appointment of local Commissioner - Suit land was already demarcated and report of such demarcation exist on record - No fresh demarcation of land could have been ordered at this stage, particularly, when demarcation previously conducted was acceptable to plaintiff also - Application for appointment of local..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of interim order of status quo - Defendants being in possession of suit land, already completed repairing works over suit land by the time order of status quo was received - Plaintiffs failed to establish that there is willful and deliberate violation of status quo order by defendants to warrant liability..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Partition suit - Property of partnership firm - No averment in plaint that partnership firm in dispute has been dissolved, debts and liabilities have been settled and nothing remains towards liability of firm to be settled - Since suit property is the property of partnership firm, suit..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Plaintiffs asserted that suit was filed immediately after getting knowledge about fraudulent sale deed executed by defendants by keeping them in dark about such execution and within 2 days from refusal by defendants to refrain from..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree - Appeal dismissed being not..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profit - Eviction suit - Plaintiff claimed damages @ Rs.1000 per day after termination of lease - No document is produced as to on what basis plaintiff can claim damages at this rate - Enquiry therefore, according to O.20.R.12 CPC ordered...........
