Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and injunction - Obstruction caused by defendant - Courts below after examining the evidence on record concurrently found that defendants have created the obstruction as alleged by plaintiff - Findings so recorded are pure findings of fact and does not involve substantial question of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Suit based on title - Amendment sought in relief clause by adding prayer of eviction and mesne profits/damages - Necessary averments regarding termination of tenancy averred in the plaint - Nature of suit not changed if amendment is allowed - Suit based on title remains..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Relief claimed arising out of same cause of action ought not to be split into separate suits in as much as parties are not to be vexed twice by splitting the claims or remedies - This of course cannot inhibit a fresh suit to be instituted for relief in respect of which cause of action arises..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - If earlier suit was filed only for recovery of possession of immovable property with no claim made for relief of mesne profits, second suit for recovery of mesne profits for the period subsequent to the filing of suit for recovery of possession may be instituted - Bar U.O.2.R.2 CPC not applicable to..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of subsequent suit - Omission to claim relief in earlier suit - Such relief amounts to explicitly relinquished - Plaintiff is not entitled thereafter to sue again for such relief so omitted or relinquished, in the previous suit...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal in default - No other factor except sufficient cause for non appearance is relevant for consideration of application U.O.9.R.9 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit - Dismissal in default - Past conduct of a party may be relevant factor alongwith cause of absence for considering application U.O.9.R.9 CPC, but no, payment of cost imposed on past would not debar the party from moving restoration application or its consideration on merits...........
Civil Procedure Code, 1908, Section 96, Order 38, Rule 5, Civil Procedure Code, 1908, Order 21, Rule 58 -- Appeal against decree by a person, who is not party to the suit, but his property is ordered to be attached by order U.O.38.R.5 CPC - Appeal at his instance is not maintainable as he is not an aggrieved person - Appropriate remedy lies U.O.21.R.58 CPC by filing a..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Permission granted to withdraw suit and to file fresh suit for relief of injunction only as present suit was filed for permanent injunction only - Held, trial Court has either to allow application as prayed for or to dismiss the same if it was not convinced on merits about..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents allowed to be taken on record which came into existence after filing of suit - Documents which were in existence before filing of suit not permitted to be taken on record...........
