Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of reply filed to eviction petition - Application seeking amendment of reply filed 10 years ago on the basis of facts already pleaded in the reply, speaks volumes about lack of diligence on the part of tenant - Amendment sought to be incorporated is neither warranted nor necessary - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Dispossession in violation of order of injunction - Amendment of plaint sought to seek consequential reliefs - Trial Court while allowing amendment held that proposed amendment involving question of encroachment and recovery of possession unless incorporated by way of amendment, real..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Part of the decree which essentially ought to have been appealed against, or objected to, by a party and which that party has permitted to achieve a finality cannot be reversed to the advantage of such party...........
Registration Act, 1908, Section 68 -- Settlement deed - Executed in favour of son - Summons for enquiry - Revenue records updated and mutation granted and son also in possession and enjoyment of property - Whether settlement deed executed by petitioner in favour of his son is valid in the eye of law, is a matter of evidence to be decided only by the competent Civil Court -..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 23 -- Cancellation of settlement deed - Mere fact that civil suit for cancellation of settlement deed is filed, it cannot be said that complaint in question is not maintainable, particularly when such suit was filed after lodging of complaint in question...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Raising of a new plea at the second appellate stage would not be proper and that would not give rise to a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence to arrive at a different conclusion is quite restricted in exercise of jurisdiction u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if there is no application U.O.7.R.11 CPC, it is required on the part of Court to see ingredients of O.7.R.11 CPC and if it is found, plaint may be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Order passed U.O.7.R.11 CPC - Revision is maintainable against such an order and even otherwise, alternative remedy is not the absolute bar...........
