Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Incorporation of new facts - When written statement was filed in court below present petitioner, who was defendant in said suit though had full knowledge of facts but he did not choose to incorporate the facts which now he proposes to insert in written statement by way of amending the same at..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Delay - Suit filed in the year 1991 - Application for amendment filed only in 2010 - There is no proper explanation for said delay - Delay cannot be condoned...........
Specific Relief Act, 1963, Section 20, Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Plaintiffs were always ready to perform their part of contract and entitled for decree for specific performance - Does not raise a question of law - Second appeal not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Restoration of suit dismissed in default - In case of dismissal of suit in default, there is no bar in restoring the same - Plaintiff was not to be benefitted by getting the suit intentionally dismissed in default - Defendant in no way to be prejudiced by the restoration of suit - Meritorious claims cannot be thrown away..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Section , Order 9, Rule 8 -- Delay - Condonation - Delay in preferring appeal against order dismissing application for restoration of suit dismissed in default - Court to adopt summary procedure by directing parties to file affidavits and counter affidavits of the..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Substitution of legal heirs - Writ petitions were filed against orders passed in suit rejecting an application for appointment of a Civil Court Commissioner and rejecting an application U.O.6.R.17 CPC as civil revisions against those orders were not maintainable - Legal heirs of sole deceased plaintiff were allowed to be..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Mis-joinder of parties - No relief sought by plaintiff against khatedar tenants of land in question - Relief sought against petitioner only - Held, it is choice of plaintiff as to whom he impleads as a party and against whom he seeks relief - Plaintiff cannot be compelled to implead any person as a party - If plaintiff does..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- A person, even though not a party to the suit, can invoke the inherent jurisdiction of the Court seeking recall of the order recording a compromise decree obtained by the parties to the suit collusively and fraudulently vitally affecting the rights of the said person...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3 -- Compromise decree - Fraud - Inherent powers of Court - Parties colluded with each other in keeping out applicants from suit and suppressing the fact of his share in suit property and obtained compromise decree by making the Court to believe that all share holders in suit property had settled their dispute by way..........
Consumer Protection Act, 1986, Section 2(1)(g), 3 -- Additional remedy - Complicated questions of facts and law - Plot allotment - Sale deed - Execution of - Held that the consumer complaint can be entertained though a civil suit on the same cause of action may also can be filed - It does not mean that the CP Act, 1986 gives lee-way to circumvent the regular procedure of..........
