Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Mere fact that appellate Court has enabling power to permit parties to lead additional evidence, that cannot be the only ground to remit the matter back to lower Court...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, Limitation Act, 1963, Section 5 -- Restoration of suit dismissed in default - Condonation of delay - Suit dismissed at the initial stage on the ground that Court fee was not deposited - Sufficient ground is made out for condonation of delay - Suit was not admitted as yet - There is thus, no need for issuing notice..........
Civil Procedure Code, 1908, Order 39, Rule 4, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Appeal - Order passed U.O.39.R.4 CPC - Court while exercising powers U.O.43.R.1(r) CPC would have to look into only correctness of order passed by trial Court testing it within the framework of provisions under which applications U.O.39.R.4 CPC were filed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration that agreement to sell was cancelled - Plaintiff by way of amendment sought the plea of hardship and wanted to incorporate that property was only residential house of plaintiff in which he was residing along with his family - Dismissing the application would mean that valuable..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Execution petition - Amendment - Adding left out amount - Order allowing amendment, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on defence of limitation unless definite conclusion as to bar of suit by limitation is discernible from stipulations in plaint and documents annexed thereto...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Plaintiff cannot be unsuited at the nascent stage of suit, merely on the basis of mutation entry unless specific knowledge of exclusion of right is brought on record...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Title and interests in the suit property of predecessors of plaintiff have been invalidated by Court's order - There is thus, no prima facie case in favour of plaintiff at the interim stage of suit - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If a plaint is being made on adverse possession, it is required to be decided on that aspect and a contrary aspect cannot be subject matter in a suit deciding adverse possession - More so, application filed at belated stage - Application rightly rejected...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree - Property in question is ancestral property - Partition is already effected between two coparceners much prior to amendment Act of 2005 - Plaintiff has not challenged said partition - Now it is too late for plaintiff/daughter to plead that amended S.6 of Hindu Succession Act would come to..........
