Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendants by way of amendment placed on record subsequent developments which have taken place after filing of suit - Proposed amendment would not alter the nature of written statement rather it would help to adjudicate the matter finally between parties -..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Admissibility of document - Objection - Insufficiency of payment of stamp duty - Objection ought to have been raised when said document was tendered in evidence by plaintiff - It cannot be raised at the time of hearing of suit or before lower Appellant Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Sought in counter claim at the stage of judgment - Amendment sought in counter claim by substituting "mandatory injunction" by "possession" - Neither there is any whisper as to why amendment is sought at the belated stage nor there is any assertion in application that in spite of due diligence defendant could not..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of appeal - Bar of subsequent suit - Earlier suit for injunction was dismissed and appeal against the same dismissed as withdrawn - Subsequent suit for recovery of possession in respect of very same subject matter is not maintainable as appeal was withdrawn, when there were findings against plaintiff regarding his..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for mandatory injunction into relief of specific performance - Plaintiff invoked jurisdiction of civil Court by filing suit for mandatory injunction when breach was already there and was not prevented to seek specific performance - However, plaintiff did not avail..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Withdrawal of admission - Amendment sought to delete some words as wrong facts were pleaded by counsel of plaintiff who initially filed the suit - After change of counsel when plaintiff came to know the facts of case, he filed the application for amendment - Application filed at initial stage - Issues..........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 97, 101 -- Execution - Objection petition - Executing court is competent to decide all the questions including question of title in execution proceedings itself and not by way of separate suit in view of provisions contained in S.47 read with O.21.R.101 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(b) -- Rejection of plaint - Sale deed - Property pleaded to be coparcenary property and that alienation of same is without legal necessity and alleged sale deeds are without consideration and are fraudulent in nature - Court fee in such a claim in main suit is not required to be paid as sale deeds stand in the way of plaintiff..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Eviction suit - Admission of landlord and tenant relationship - Plea of agreement to sell the tenanted premises - Agreement to sell not registered - Protection u/s 53-A TPA not available - Relationship between parties is that of landlord and tenant - Defendant does not have a valid grievance with the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Dispute as to ownership and possession of plaintiffs over suit property - These are matters relating to fact - Ownership of plaintiff over suit property is admitted and proved fact - Possession on the basis of evidence was decided by first appellate Court - No perversity and..........
