Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Eviction suit - Application to take on record original rent receipts showing rate of rent - Explanation given by petitioner that documents were given to previous counsel, who failed to file it, does not appear to be mala fide, as no, filing of such documents was to the disadvantage of..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a third party - Suit for declaration - Petitioners seeking impleadment on the basis of agreement of sale - Cause of action of petitioners falls outside the scope of suit as nature of suit will change if they are permitted to be impleaded in the suit - Petitioners are not at all necessary or proper parties to..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Transferee pendente lite - Board of Revenue without referring the parameters of impleadment of a party, allowed the impleadment application of persons who have purchased the suit property in defiance of an injunction order passed by Court - Impugned order of allowing impleadment application being bad in law set..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Non filing of written statement - Court may pronounce judgment against defendant or may pass a different order as may appear to be fit - It is not imperative to pronounce judgment against defaulting defendant - Court has discretion to pass a different order which may include an order dismissing the suit as well...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to challenge cancellation of agreement to sell - Challenge to cancellation of agreement to sell is ancillary to main relief already sought in suit - Independent suit for that purpose will not be maintainable - Delay in filing application in these..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to incorporate the relief of mandatory injunction of alternative site for second bridge - One common tender was called for construction of two bridges and one single agreement was signed - Terms and conditions for both the bridges are same - Amendment seeking relief of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance of agreement to sell - Oral extension of time but no mention of particulars as to when and how long - Suit barred under Article 54 of Limitation Act - Order of trial Court rejecting plaint as barred by law of limitation, restored...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of order of injunction, when it was in force - Suit ultimately dismissed - It is a mitigating factor but cannot relive the consequences and lend premium to disobedience - Costs of Rs.25,000/- imposed in lieu of simple imprisonment ordered for a period of one month - Finding that contemner is guilty of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Defendant filed the application for setting aside ex parte decree at the stage of execution and that too beyond limitation - Defendant contended that plaintiff forged the agreement in question which was worth about Rs.25 lacs - Value of property cannot be..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction petition - In earlier petition issue was as to bona fide requirement - In civil suit issue was as to whether tenancy rights are inherited for limited period or not - Issue involved in subsequent suit was not directly or substantially the same as in the earlier petition - Doctrine of res judicata not..........
