Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Earlier suit withdrawn without permission to file a fresh suit on the same cause of action - No dispute as to same relief claimed in the two suits - Also so evident from copies of plaints - Held, instead of relegating the parties to lead evidence to decide the issue as to whether it is the same relief..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Specific performance - Amendment of plaint - Amendment of relief sought - Amendment sought to claim lesser relief of alternative relief against two defendant - Lesser relief can be granted even without there being a prayer - Amendment allowed...........
Civil Procedure Code, 1908, Section 152, Order 6, Rule 17 -- Correction of decree - Clerical or arithmetical mistake - Trial Court can allow amendment of plaint and correction of judgment and decree of clerical and arithmetical mistake even when decision obtained finality before High Court - Principles governing amendment of decree and that of correction of accident slip..........
Civil Procedure Code, 1908, Order 18, Rule 2 -- Defendant supporting case of plaintiff - Cannot be denied an opportunity to lead evidence - A person who is arrayed as a party has every right to tender his evidence...........
Civil Procedure Code, 1908, Order 18, Rule 2, Evidence Act, 1872, Section 137 -- Defendant supporting case of plaintiff - Cannot be denied an opportunity to lead evidence - However, to safeguard interest of contesting defendant, his witnesses to be cross examined first by plaintiff and then by contesting defendant...........
Haryana Urban Development Authority Act, 1977, Section 17, 55 -- Allotment of booth - Resumption order - Impugned order and notice were without jurisdiction as no order could be passed u/s 17 of the Act qua violations covered u/s 55 of the act - Jurisdiction of Civil Court is not barred when authorities acted in violation of the provisions of the Act itself in ordering..........
Indian Penal Code, 1860, Section 420 -- Actual area less than that for which sale deed executed - Civil Court seized of the matter - Summoning order set aside in a revision petition - Order upheld...........
Civil Procedure Code, 1908, Section 9 -- More than one recourse available to a party - Resort can be had to only one remedy at a time...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit for specific performance - Impleading of subsequent purchaser during pendency of suit and in violation of the stay order - Subsequent purchaser already filed a suit for declaration that he is a bonafide purchaser - Application dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Controversy regarding factual averments - Court to frame an issue as to sufficiency of grounds and then allow parties to lead evidence - Order setting aside exparte decree without framing an issue as to sufficiency or otherwise of the grounds set aside...........
