Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-disclosure of cause of action - Suit for declaration - Plaintiffs claimed birth right in suit property being coparcener - Claim of coparcenary rights in plaint is dependent upon material to be proved on record by way of evidence - No strict opinion can be formed at the stage of O.7.R.11 CPC, on..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Ownership of plaintiff admitted by defendants in their written statement - Amendment sought to introduce a new plea that suit property was wrongly recorded in the name of plaintiff, which is contrary to the admission made in written statement - Proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 22, Rule 3, 9 -- Abatement of appeal - Non-substitution of LRs - Death of sole plaintiff - Application for substitution of LRs of deceased plaintiff filed belatedly on account of ill-advice of counsel - Liberal approach has to be adopted by trial Court while considering application - However, Court rejected application by adopting hyper..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - Before a finding on O.2.R.2 CPC is given, it is necessary to examine that whether earlier suit was on the same cause of action or not - Moreover, since defendants did not claim any issue on O.2.R.2 CPC, suit held, not barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law - Moreover, there is no explanation,..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fee - Recovery suit - Deficiency to the tune of Rs.40 was pointed out for which an opportunity was required to be given to plaintiff for making good the same, before rejecting plaint - Moreover, impugned order passed in the absence of plaintiff for which he pleaded that his no,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Punjab Pre-emption Act, 1913, Section 15 -- Ex parte decree - Setting aside - Suit for possession on the basis of right of pre-emption granted to a co-sharer - Plaintiff's right of pre-emption stood extinguished by virtue of amendment to the Act, at the date when fresh decree by Court of first instance after setting aside ex..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Consolidation of Holdings Act, 1953, Section 49 -- Consolidation proceedings - Jurisdiction of civil Court - Suit for declaration - Maintainability - Is not maintainable as S.49 of the Act bars jurisdiction of civil Court to adjudicate upon dispute of rights and title relating to land included in consolidation..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Withdrawal sought on the ground that all the properties of family and other co-parceners as parties were not included in the suit - However, plaintiff has already availed the remedy of including other co-sharer as a party and also took steps for getting property included and..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Revenue record by way of additional evidence sought to be produced for proving plea that suit land was ancestral - Since revenue record would be coming from proper custody and there would be no scope of any fabrication thereof, no prejudice is likely to be caused to other party,..........
