Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Dispossession after filing of suit - Amendment sought after a delay of more than one year eight months of the subsequent event - No reason for said delay - Moreover, there is no prayer for possession and if plaintiff is dispossessed after filing of suit, he is having a separate cause..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Self induced and self serving misconception in the mind of defendant as regards date of hearing of suit - Not a ground for recalling of ex parte decree, particularly, when lawyers were in charge of defendant's case and there is no material that lawyers were reasonably misled as regards the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Defendant taking plea first time in second appeal that erstwhile owner has executed unregistered sale deed of suit property in his favour at the time of filing of suit - No such plea taken before First Appellate Court - Said plea cannot be considered at the stage of second appeal -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Application can be filed at any stage of the suit...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 10 -- Rejection of plaint - Court by resort to O.10 CPC can search examination of a party and in case Court is prima facie of the view that suit is an abuse of the process of Court in the sense that it is a bogus and irresponsible litigation, jurisdiction U.O.7.R.11 CPC can be exercised...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Solely against co-defendant - Not maintainable - A counter claim has necessarily to be directed against plaintiff, in the suit, though incidentally or along with it, it may also claim relief against co-defendant in the suit...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Settlement - When parties settle there disputes by signing agreement detailing the procedure to be followed to work out such settlement, certainly, that agreement is having all characteristics of compromise in terms of O.23.R.3 CPC and no party can withdraw from it unilaterally - When it reaches Court, Court will have to act..........
Civil Procedure Code, 1908, Section 89 -- Mediation - Settlement - There cannot be any settlement between parties as to manner in which suit has to be conducted or concluded - Court is bound by CPC and other relevant statutory provisions...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit and counter claim dismissed on same day in the absence of both the parties - Defendant filed restoration of counter claim, which was allowed without notice to plaintiff and plaintiff declared ex parte - Application for restoration cannot be decide at the back of plaintiff - No party can..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the fag end of trial when suit had come up for submission of arguments by parties for disposal of case - No reason is explained for such long delay in filing application - There is nothing to indicate that despite due diligence plaintiffs could not earlier plead the facts/mention..........
