Civil Procedure Code, 1908, Section 100 -- Second appeal - Eviction suit - Specific averments on record that tenants were evicted from premises but were re-inducted and permitted to stay for a short while in suit premises for marriage of their daughter - However, tenants refused to vacate premises thereafter and no rent has been paid - Said specific averments not denied by..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Limitation starts from the date of receipt of summons under Form No.1 for the purpose of O.37.R.3(5) CPC...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defend - Rejected on the ground of no, submission of application for condonation of delay - Due to lack of suitable advice to be given to party by his advocate, delay condonation application not filed - Party therefore, should not be made to suffer for something which was not done though ought to..........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Valuation of suit - Suit for declaration, partition and separate possession - Suit was not properly valued - Plaintiff was directed to correct the valuation of suit - After correction of valuation of suit claim, Civil Judge Junior Division ceased to have pecuniary jurisdiction to entertain the suit -..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 1 -- Application of defendant for production of documents by way of additional evidence dismissed by trial Court - Defendant seeking production of certified copy of jamabandi on record - Said documents being certified copies exhibited in earlier suit is per se admissible in evidence - Moreover, such documents can be..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 9 -- Condonation of delay - Delay of 75 days in filing application for restoration of suit - Delay of 75 days in filing application for restoration of suit is not an inordinate delay and ought to have been condoned by the trial Court...........
Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Long time consumed by plaintiff in producing his evidence - Not a ground for dismissal of application for condonation of delay and restoration of suit...........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 39, Rule 7, Civil Procedure Code, 1908, Section 94 -- Joint family business - Suit for rendition of accounts - Order appointing Advocate Commissioner to take inventory of business conducted in joint family business and to take note of the accounts - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment of eviction petition allowed, viz. (i) proposed amendment does not change the nature of suit; (ii) amendment does not introduce any fresh cause of action; (iii) amendment is relevant for deciding the question of subletting and availability of alternative accommodation with tenant; (iv) facts..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary party - Suit for declaration and mandatory injunction - Plaintiff himself admitted that one of survey no of suit property stood in the name of one person - Having not impleaded the said person, suit is hit by no, joinder of necessary party...........
