Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Witness cannot be recalled at the instance of a party for the purpose of examining, cross-examining or re-examining - Power to recall and re-examine a witness is exclusively that of Court trying the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of ownership - Amendment sought to incorporate alternative relief of possession - Plaintiff was never in possession of suit property as per findings of trial Court - He had claimed ownership on basis of sale deed executed by one `S' - However, ownership of said `S' over suit property..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Fraud - When fraud is alleged, plaintiff must set forth particulars of fraud which he alleges...........
Civil Procedure Code, 1908, Order 7, Rule 6, Limitation Act, 1963, Section 17 -- Exemption from limitation - Pleading - It is necessary that plaint should show ground upon which exemption from normal period of limitation is claimed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Respondent No.3 sought his impleadment on the basis of agreement to sell in his favour by respondent no.2 - It would be appropriate to implead respondent no.3 as a party to suit, so that he could put forth his objections to any partition and equities that would need to be worked out -..........
Civil Procedure Code, 1908, Order 21, Rule 37 -- Execution - Civil imprisonment - Money decree - Executing Court has ordered civil imprisonment on account of failure of petitioner to honour decree for recovery of amount - However, Executing Court has not adverted to the fact that petitioner claims exemption u/s 60(1)(ccc) CPC - Impugned order set aside - Executing Court..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Suit filed after a lapse of 28 years from the date of execution of agreement - Plaintiff stated in his plaint that he continued to pursue the agreement but on denial of defendants registered notice was given to them in the year 2020 - He thus, created cause of action for..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101 -- Execution - Third party objections - In absence of independent right to continue in possession, but on the basis of pendente lite transfer made by JD, appeals/objections to execution of decree cannot be entertained under provisions of O.21.Rr.97, 98, 101 CPC...........
Civil Procedure Code, 1908, Section 54 -- Partition - Pendente lite transferees - Appellants can raise appropriate claim before Collector in execution of decree transmitted u/s 54 CPC being representative of interest of his vendor and claim the right under JD, as he would be representing JD, decree can be enforced against him - However, he can definitely seek equitable..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for cancellation of sale deed had to be filed within 3 years of execution of document - Contention of plaintiffs that they came to know regarding sale deed dated 25.10.1985 on 17.9.2015 not tenable as sale deed was executed by co-tenants who were brother and relatives of..........
