Civil Procedure Code, 1908, Section 2(2), 11 -- Composite order on rejection of plaint that there is no cause of action and dismissal of suit as not maintainable on the ground of res judicata - Both aspects are covered u/s 2(2) CPC - Remedy is only appeal and not revision even if there is any irregularity in passing the order...........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition suit - Agricultural land - Civil Court has no jurisdiction to decide the real dispute between parties regrading agricultural land, as Revenue Court has to decide and declare the ownership of such property - Moreover, suit is barred by S.331 of U.P.Z.A. and L.R. Act - Suit rightly dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Recovery suit - Nothing pleaded against petitioner/defendant in the plaint and no cause of action disclosed against him - Plaint rejected against petitioner/defendant...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Acquisition of land in question during pendency of suit - Application to seek compensation - Allowed with observation that compensation would be allowed only if decree of specific performance is granted - Order upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought at belated stage i.e after closing of plaintiff's evidence - By itself not a ground to decline it particularly when amendment is necessary for determining real controversy between parties and which does not change the basic nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession - Amendment sought to add preliminary objection regarding jurisdiction of civil Court to entertain suit as matter relates to consolidation - Proposed amendment would not change nature of case and is necessary for determination of real question in controversy though filed at..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Plaintiff as his own witness - As per law plaintiff is permitted to appear in witness box twice in civil suit i.e. (i) In a affirmative evidence; (2) In rebuttal evidence...........
Civil Procedure Code, 1908, Section 151, Order 18, Rule 3A -- Party as its own witness - Examination of plaintiff prior to other witnesses is a rule and deviation is exception - Plaintiff wanted himself to be examined later on after examination of other witnesses - However, no sufficient reasons mentioned in application which permit plaintiff to record his statement at a..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Production of documents - Suit for specific performance - Permission sought to produce on record copy of drawing of proposed house and average value thereof and to adduce additional evidence in support thereof - Failure to satisfy Court as to - (i) How site plan of the building and value thereof were necessary for..........
Civil Procedure Code, 1908, Order 18, Rule 1, 2 -- Right to begin - Partition suit - Plea of defendant of previous partition - Burden is on defendants to prove previous partition - Only when defendants lead some evidence in proof of previous partition, plaintiff would be obliged to lead evidence in rebuttal - Application of plaintiff for a direction to defendant to begin..........
