Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Purchase of property during pendency of suit by petitioners not disputed - S.52 of T.P. Act protects the rights of subsequent purchasers - Rights of subsequent purchasers during pendency of suit will not be changed, they can ultimately step into the shoes of original owner - If..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Suit for permanent injunction - First Appellate Court thoroughly examined all aspects and decreed the suit by reversing the finding of trial Court simply because point for consideration is not properly framed, it cannot be said that total judgment of First Appellate Court is perverse -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Barred by limitation - Where a party acquires right by bar of limitation and if the same is sought to be taken away by amendment of pleadings, amendment in such circumstances would be refused...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Limitation - Partition suit - Amendment sought to incorporate relief of cancellation of sale deed - Plaintiffs were aware of execution of sale deed - Suit was filed in the year 2013 and application to amend plaint was filed in the year 2022 i.e about nine years after institution of suit - Limitation to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration that partition deeds are null and void - Defendant by way of amendment introduced plea of some partition which was never there in written statement when plaintiff was recording his statement - If amendment is allowed, same would amount to withdrawal of admission and would..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - In a civil suit, issues of civil matters are to be decided on balance of probabilities that means case of which side is more probable, same is acceptable under law...........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - It is in the nature of a preliminary decree...........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Decree for specific performance - Where an appeal is filed against decree passed by trial court and appeal is disposed of, appellate Court should specify time to deposit balance sale consideration...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Merely because a decree of specific performance can be executed within 12 years from date of original decree or from the date appellate Court affirms such decree that by itself, does not mean that a decree holder deposits the balance sale consideration at his own sweet will -..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Before remitting the matter back to lower Court, appellate Court is expected to set aside the judgment and decree passed by trial Court on merits and draw a conclusion that retrial of case is necessary - These two conditions are sine qua non for applicability of O.41.R.23-A CPC...........
