Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - To know actual existing position on spot - Sale deed relied upon by plaintiff gives no details of suit land - It only gives that suit land is bounded by such and such property - Appointment of local commissioner will be of no help to plaintiff - More so, plaintiff claimed that he got..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Change in the nature of relief - It is not change in nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact and same has to be gone into by trial Court at an appropriate stage in main suit - Application for amendment of plaint cannot be rejected on ground of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for cancellation of sale deed - Amendment sought to incorporate relief of declaration of ownership/title - Trial has not yet commenced and suit is coming for adduction of evidence - Merely on the ground of delay or limitation amendment of plaint cannot be rejected - Moreover, to avoid multiplicity..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Two important ingredients are to be fulfilled in order to invoke O.41.R.27(1)(b) CPC namely, `requires' and `for any substantial justice' - Requirement thus, must be of Court and not of any party to suit - When Court opines that without additional evidence it cannot pronounce judgment..........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Documents sought to be produced by defendants are plaint and order sheet of earlier suit - Said documents were well within knowledge of defendants but they did not bring the same on record by way of evidence at trial stage - Requisite condition as mentioned in O.41.R.27..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - Suit not filed within 3 years of date of refusal by defendant held barred by limitation - However, plaintiff contended that recovery of possession also sought and in respect of same limitation is of 12 years - Contention rejected, as suit is filed..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Provision of S.10 CPC is not applicable to suit instituted prior in time, as same are applicable to subsequent suit...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit proceedings - Does not include appellate proceedings...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Once earlier suit for possession and injunction was decreed and appeal against the same was also dismissed, subsequent suit for permanent injunction in respect of same property cannot be maintained as per provisions of O.2.R.2 as well as O.23.R.1 CPC -..........
