Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Written statement - Amendment sought to incorporate two pleas - One that suit is barred U.O.2.R.2 CPC and the other that suit is not competent by virtue of O.23.R.1 CPC - Defendant contended that plaintiff concealed some important facts - Contention that plaintiff suppressed some facts need not be given any..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Pendency of civil suit - Issue with regard to ownership of land yet to be finalised - No case made out against appellants for initiating any criminal proceedings - Criminal proceedings against appellants quashed...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Dismissal of suit - Order of attachment before judgment comes to an end - Order of attachment before judgment will not automatically revive even if appellate Court allows an appeal and reverses the decree of dismissal of suit...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Suit for declaration - Subject matter of present suit is identical to earlier suit, between same litigating parties - Matter finally decided between parties by Court of competent jurisdiction - Issue involved in the subsequent suit was directly and substantially involved in earlier suit - Cause of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - To set aside ex parte decree case should fall in either of the two categories viz. (i) that summons were not duly served and (ii) that there was sufficient cause for not appearing on the date when suit was called out for hearing...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Obstructed by JD - DH has specifically stated that JDs have started interfering with his possession despite knowing about the decree for permanent injunction - Even JDs themselves have admitted that they are in occupation of suit land, which plea is contrary to the decree for..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - Even in a suit for injunction, where there is a necessity for demarcation of land, an Advocate-Commissioner can be appointed...........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - Bar of suit - Plea of res judicata and bar of suit cannot be considered on the basis of an application u/s 11 and O.2.R.2 CPC in absence of any issues - It has to be specifically pleaded by defendant in suit and trial Court should have specifically framed a specific issue in that regard - Plaintiff..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Agreement to sell - Suit for permanent injunction filed after a gap of one year of the date fixed for execution of the agreement - Held, suit for permanent injunction is not maintainable in the absence of relief prayed for specific performance of the agreement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Amendment sought at the final arguments stage to include the left out properties - In case suit continues in present form it is likely to be rejected on the ground of no, inclusion of all the properties - In order to reduce the rigours of litigation and the hardships that may be..........
