Civil Procedure Code, 1908, Section 60(1)(i) -- Execution - Decree passed in recovery suit - Attachment of salary - Salary to the extent of 1/3rd of first one thousand rupees and 2/3rd of remainder can be attached, as decree is not a decree for maintenance but is a decree passed in a suit of recovery and provisions of S.60(1)(i) CPC shall apply...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Doctrine of dominus litis - Plaintiff is dominus litis - Applicants cannot force plaintiff to litigate against them - Application dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11, Registration Act, 1908, Section 17(1A), 49, Transfer of Property Act, 1882, Section 53A, 54, Specific Relief Act, 1963, Section 15, 20, 21, 22 -- Rejection of plaint - Suit for specific performance - Unregistered agreement to sell - Application for rejection of plaint on the ground that suit for specific performance on the..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary party - Suit for specific performance - Witness to the agreement is neither a necessary party nor a property party to the suit for specific performance...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Operates only in respect of issues of facts and not on issues of pure questions of law when the subsequent suit or proceeding is based upon a different cause of action and in respect of different property though between same parties...........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Amendment of plaint - By way of amendment relief of mandatory injunction sought as defendants carried out demolition of the disputed property during pendency of suit - Question as to whether demolition is carried out in the land belonging to plaintiffs or not is a question of fact to be decided on appreciation of evidence to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Agreement to sell - Amendment as to total sale price and remaining amount to be paid - Amendment sought is bonafide, legitimate and necessary to determine the real question in controversy between parties - Basic character of suit not likely to change - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Section 80, Specific Relief Act, 1963, Section 34 -- Suit against government - Suit for declaration of possessory right and for recovery of possession - No evidence on record that plaintiff is a landholder or settlement holder in respect of suit land or he was in possession thereof or that in any point of time he was dispossessed by defendants -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Relief of mandatory injunction in a suit filed for permanent injunction as it was necessitated by subsequent developments - Proposed amendment not filed belatedly - Issues not framed - Trial not yet commenced - Nature of suit also not changed, if amendment is allowed - Application..........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of witness - Admittedly, respondent/subsequent purchaser joined suit proceedings after the statements of petitioner witnesses have been recorded - No illegality in order for recalling witnesses for cross-examination - Application allowed...........
