Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Relief originally claimed and relief as sought to be added mutually destructive and contradictory to each other - Held, amendment in pleadings, by way of adding mutually destructive inconsistent/contradictory pleas/relief/claims is not permissible - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Notice to opposite party - Court can issue notice to the opposite party on an application filed U.O.11.R.1 CPC seeking leave to serve interrogatories before deciding whether to grant or refuse to grant leave...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101 -- Execution - Objections by third party - Executing Court is not obliged to determine a question merely because resistor or objector has raised it - Question which executing Court is obliged to determine U.O.21.R.101 CPC must possess two adjuncts: (a) such question should have legally arisen between parties..........
Civil Procedure Code, 1908, Order 22, Rule 3, 3A -- Compromise decree - Setting aside - Compromise recorded in a suit lawfully or unlawfully cannot be assailed by separate suit - Only forum is same Court which passed the decree based on compromise...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Abatement of suit - Death of tenant - Eviction suit - Natural son of tenant has been substituted in his place - Tenant with his son was carrying business in the shop in question - In order to pursue eviction suit on the ground of bona fide and personal necessity of landlord, sufficient representation of tenant is through his..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Finding rendered in interlocutory application cannot be a ground of estoppel or res judicata when main suit itself is dismissed for default...........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Repeated opportunities had already granted to plaintiff to adduce evidence - Plaintiff on the ground of sickness of his counsel, cannot be repeatedly allowed to take adjournments in the case - Application however, allowed in the interest of justice with costs of Rs.10,000/-...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Parties to suit are permitted to bring forward amendment of their pleadings at any stage of proceeding for the purpose of determining the real question in controversy between them...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Pre-trial amendment must be dealt with leniently, whereas amendment prayed after commencement of trial must establish due diligence...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Plaintiff categorically mentioned in his application U.O.6.R.17 CPC that he got knowledge about incorrectness of khasra number mentioned in the plaint after cross-examination of plaintiff - Order allowing amendment, upheld...........
