Criminal Procedure Code, 1973, Section 147 -- Proceedings u/s 147 Cr.P.C. - Subsequent thereto civil suit filed - Order of status quo passed by Civil Court - SDM passed order of removal of obstruction after passing of status quo order by Civil Court - Civil Court has ample jurisdiction to issue ad interim mandatory injunction for removal of unauthorized..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment wanted to add one more item of family property into suit schedule property - Trial has not commenced and since both plaintiff and defendant are claiming right over property, no prejudice would be caused to party - Issue as to whether property in dispute is a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Eviction suit - Amendment sought to incorporate the words `along with structure' - Plaintiff merely wants to rid the plaint of this vagueness by incorporating a specific averment in description that suit premises consists of plot of land with structure - Omission was due to typing mistake - Defendant's..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for permanent injunction - Sale deed executed by predecessor of plaintiff in favour of third party sought by way of additional evidence by defendant - Plaintiffs are claiming right in disputed property through their predecessor and defendants are contesting suit on the ground..........
Civil Procedure Code, 1908, Order 22, Rule 9(1) -- Death of plaintiff - Non-substitution of LRs - Abatement of suit - Application for substitution filed after lapse of 5 years - Said application was dismissed - However, liberty was given to LRs to file suit afresh - By the time application for substitution filed, suit abated - Fresh suit on same cause of action barred..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Specific prayer made in plaint for cancellation of mutation/jamabandi issued in favour of defendant - It is thus, incumbent on plaintiff to have impleaded State Government as a necessary party - Suit held, not maintainable, as necessary party to suit not impleaded...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Typographical error - Difference in mentioning of registration number of truck in question is on the premise of typographical error - Since two of plaintiffs witnesses have been examined and delay in itself is no ground to decline the proposed amendment which is otherwise very essential..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Filing of suit in wrong name or case of mis-description, held to be case of irregularity and not fatal to suit and can be amended - Question as to whether claim is barred by time or not, left open for adjudication - Amendment cannot be denied on ground of limitation - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Relief of declaration is sought by way of amendment - Plaintiff pleaded in plaint that defendant has no right, title and interest and there is effort to encroach upon certain portion of land owned by plaintiff - Plaintiff also prayed for decree..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction and possession - Amendment sought to add certain facts which were necessary for adjudication of dispute between parties - Such amendment will not change nature of suit - Property in suit will also remain the same - Plaintiff only wants to correct a mistake and..........
