Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21(1) -- Proviso - Impleadment of a party - Suit by tenant u/s 6 Specific Relief Act - Impleadment of new tenant - Non-impleadment of new tenant within statutory period prescribed u/s 6 of Specific Relief Act, was due to bona fide mistake and because of lack of plaintiff's knowledge about the fact..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Proviso, 40(2) - Amendment of plaint - Suit for specific performance, mandatory injunction and possession - Ss.21(5) Proviso, 40(2) of Specific Relief Act entitles plaintiff to seek amendment for claiming compensation or damages, as the case may be, at any stage of proceedings and in..........
Specific Relief Act, 1963, Section 39, Constitution of India, 1950, Article 226, 21 -- Suit for mandatory injunction for restoration of electricity connection - Suit dismissed on the ground of availability of an alternative remedy - Does not debar plaintiff from filing a petition under Art.226 of Constitution of India as electricity is one of the Fundamental Rights for..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 21, 22, 23 -- Eviction - There is no specific provision for ordering eviction of persons who had forcibly occupied house of senior citizen and parent - However, relief of eviction is implicit in the Act...........
Specific Relief Act, 1963, Section 54, Limitation Act, 1963, Section 21 -- Substitution or addition of new defendant - Suit for specific performance - Transferee to whom subject matter of sale agreement or part thereof is transferred is a necessary party to suit for specific performance - However, by the time vendee filed an application to implead transferee, suit for..........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - Explanation offered for the delay - However every day's delay not explained - Court has discretion to enlarge time to comply with conditional decree...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Order 21, Rule 34 -- Extension of time to deposit balance sale consideration - No wilful default to make deposit - Right of decree holder to get the sale deed executed in his favour cannot be taken away merely on technical ground...........
