Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Introduction of a new ground to support the relief - Suit cannot become time barred...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Doctrine of relation back - Amendment allowed without any rider/condition - Amendment would relate back to the date of filing suit...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Suit for declaration of title and possession of land - Dismissed by first appellate Court - High Court admitted second appeal on the ground that Courts below have failed to consider material evidence on record - However, High Court instead of pointing out material evidence which has..........
Land Acquisition Act, 1894, Section 4, 6 -- Notification/declaration stood elapsed as no award was made within the period stipulated under the Act - There can be no sanctity to any of the acquisition proceedings initiated by the respondents so far as the suit land is concerned...........
Civil Procedure Code, 1908, Section 102, Order 41, Rule 23, Land Acquisition Act, 1894, Section 4, 6 -- Remand of case - Acquisition proceedings - Propriety of - Prayer only for permanent injunction - No challenge to acquisition proceedings - Specific assertion coupled with materials in written statement about acquisition of land long ago and subsequent events, suit of any..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Tenant - Both plaintiff No.1 and defendants claiming that plaintiff No.2 is tenant under them - Tenant is entitled to ad interim injunction against the threatened action to evict him without following due process of law - Respective rights of parties shall be decided at the time of final disposal of..........
Specific Relief Act, 1963, Section 6 -- Question of title or better rights of possession does not arise for adjudication in a suit u/s 6 where the only issue required to be decided is as to whether the plaintiff was in possession at any time six months prior to the date of filing of the suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Courts must endeavour to find out if interim relief can be granted on consideration of issues other than those involved in the main suit and also whether partial interim relief would satisfy the ends of justice till final disposal of the matter...........
Limitation Act, 1963, Article 57, 58 -- Termination of lease - Right to sue - Accrues when lease is terminated - For such a suit it is not necessary that lessee was dispossessed from the leased property as dispossession is different from termination of lease - But even assuming that the right to sue did not fully accrue till the date the lessee was dispossessed of the plot..........
Limitation Act, 1963, Section 15(5), Article 54 -- Agreement to sell - Suit for specific performance - Limitation - Period of absence of defendant from India has to be excluded while computing the limitation for filing of the suit...........
