Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Deletion of certain part of Para of amended written statement - Court while allowing amendment of plaint not made any restriction for defendants in taking new plea in written statement - Even, no prejudice is caused to plaintiffs, as they have ample opportunity to submit documentary evidence in..........
Civil Procedure Code, 1908, Order 1, Rule 8(2) -- Representative suit - Notice of institution of suit - Suit land is situated in three different villages - Though munadi is effected - However, nothing brought on record as to whether munadi was conducted in different villages or defendants as shown in plaint are really residents of those villagers in which they have been..........
Civil Procedure Code, 1908, Section 149 -- Deficit Court fee - Extension of time - Order allowing to pay deficit Court fee passed without giving notice to defendant - Impugned order set aside - Matter remitted for decision afresh after issuing notice to defendant...........
Civil Procedure Code, 1908, Section 34 -- Interest - Tribunal imposed interest @ 12% p.a. from date of filing of application till realization but interest would be @ 15% from date of order till payment, in case payment is not made within 60days from order - Held, interest payable @ 12% p.a. in view of observations made by Tribunal with effect from date of filing of claim..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendant Nos.4 and 5 as parties to suit - Cause of action pleaded against defendants No.4 & 5 - Plaintiff sought a decree against defendants No.4 & 5 - Order as to deletion of defendant Nos.4 & 5 set aside...........
Delhi Rent Control Act, 1958, Section 14(1)(a), Civil Procedure Code, 1908, Order 41, Rule 27, Slum Areas (Improvement and Clearance) Act, 1956 -- Eviction order - Slum area - Plea whether or not property located in a slum area was raised for first time through application U.O.41.R.27 CPC that too at appellate stage, both parties ought to have been given adequate..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought that defendant has forcibly erected pole and laid wires on it - Amendment sought after five years of coming to know of erecting pole and laying wires on it - Delay in seeking amendment not explained - Amendment not permissible at this belated stage and moreover amendment is..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Non-impleadment of legal representative - Decree passed without impleading legal representatives of a deceased party by passing a specific order leads to a decree against a dead person and therefore it becomes a nullity...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Order passed U.O.9.R.13 CPC - Writ petition u/art 227 of Constitution - Maintainability - Order passed U.O.9.R.13 CPC is not an interlocutory order and same was not passed by Court below with consent of parties - Writ petition u/art 227 of Constitution is not maintainable against said order, as remedy of appeal u/s 19(1) of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Order admitting appeal should specifically state what are questions of law on which appeal is admitted - Obviously if no substantial question of law arises then appeal has to be dismissed at threshold...........
