Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 21, Rule 37, 40 -- Execution proceedings - Issuance of warrants - Suit for Recovery of maintenance - Challenging legality of orders - Warrants of imprisonment were executed without effective show cause and hearing - Therefore, these orders were ex-parte and were pronounced in defiance of the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Subsequent events - When a plea is raised by a party for amendment of pleadings basing on subsequent events, delay as such is not a relevant factor, as question of limitation is based on fact and law and it cannot be subject matter of a decision in a summary enquiry in an interlocutory application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Plaintiff by way of amendment wanted to bring on record all subsequent events - No reason to hold that attempt of plaintiff to bring such amendment suffers from malafides - Even no prejudice is caused to defendant if proposed amendment is permitted - Proposed amendment infact would..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Delay in payment of rent - Eviction petition - Tenant not complied the statutory requirement of deposit of admitted amount due along with interest as provided U.O.15.R.5 CPC on the ground that she is not in use and occupation of premises - Issue as to whether tenant is in use and occupation of property..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - If suit property itself is stated to be a passage of any nomenclature or kind, then any person having property abutting to suit land has a right to dispute the attempt of plaintiffs and to show the same to be public street and any such person has to be taken as a proper..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for mandatory injunction - Suit property pertains to a passage/street which plaintiffs claim to be their exclusive street - Whereas, original defendant and added defendants both are claiming said street to be a public passage - Although said question is a matter to be decided by trial Court on..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of LR's - Death of plaintiff - Appellant made contradictory averments as one time he claimed himself to be adopted son of deceased plaintiff and later his brother - Contents of application also reflects that it is not applicant alone who could claim himself to be sole LR inasmuch as he is third son of plaintiff,..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Appeal decided without deciding application for additional evidence - Where application for additional evidence is filed during pendency of appeal, it is incumbent upon appellate Court to consider and decide the same at the time of final decision of appeal on merits as to whether..........
Civil Procedure Code, 1908, Order 41, Rule 27, 28 -- Additional evidence at appellate stage - No explanation as to why application not filed at earliest - However, documents filed along with applications U.O.41.R.27 CPC are necessary to pronounce judgment - Applications rightly allowed and appellate Court rightly remanded matter back to trial Court...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of Commissioner - Suit for permanent injunction - Actual status of suit land is not available on record - It is thus, necessary to appoint commissioner - Trial Court while directing Commissioner to make inspection and file report alongwith coloured photographs specifically directed that Commissioner would not..........
