Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment can be allowed at any stage of the proceedings for the purpose of determining the real questions in controversy between the parties - Such amendments should not be based on new facts and new cause of action - At the same time the amendment should not cause prejudice to the other side - If the..........
Civil Procedure Code, 1908, Order 21, Rule 92, 95&, Limitation Act, 1963, Article 134 -- Auction sale - Claiming possession by the auction purchaser - Limitation starts to run from the date of the sale becoming absolute - On failure to avail such quick remedy the law relegates the auction purchaser to the remedy of a suit for possession in a regular way...........
Civil Procedure Code, 1908, Order 21, Rule 92, 95, Limitation Act, 1963, Article 134 -- Auction sale - Claiming possession by the auction purchaser - Limitation starts to run from the date of the sale becoming absolute - On failure to avail such quick remedy the law relegates the auction purchaser to the remedy of a suit for possession in a regular way...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Exparte decree - Setting aside ; Application late by 40 days -Advocate withdrew Vakalatnama without notice to the appellants - Delay held justified - Exparte decree set aside and matter remitted to the trial Court-Appeal allowed...........
Civil Procedure Code, 1908, Order 41, Rule 3-A, Limitation Act, 1963, Section 5 -- Appeal - Filed after limitation - Must be filed accompanied by an application for condonation of delay supported by an affidavit - Filing of such application is mandatory - Non filing of such application renders appeal itself non existent...........
Civil Procedure Code, 1908, Section 151, 153, Order 21, Rule 17, Limitation Act, 1963, Article 136 -- Execution - Mode of Execution - Amendment - Can be allowed only if sought within period of limitation - Amendment sought after 17 years from date of decree - Barred by limitation - Powers under Ss.151 and 153 of Code cannot be invoked to remove the bar of limitation...........
Civil Procedure Code, 1908, Section 48 -- Execution - Limitation - 12 years - Decree passed on 29th October, 1949 and execution application filed on 16th November, 1961 - Held, execution application is barred by limitation in view of the provisions of S.48(1)(a) as it stood at the material time - Appeal dismissed...........
Civil Procedure Code, 1908, Order 7, Rule 6 -- Limitation - Exemption from limitation - Pleading - What is required to be pleaded are grounds, and/or reasons and/or the principles upon which the plaintiff claims exemption from the prescribed period of limitation - No party can be held to be mandatorily obliged to plead specific evidence in support of such a plea...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit-Defendants praying for transposing as plaintiffs - Which application to be decided first? - As the limitation qua the defendants requesting for transposition had already run out as such application for withdrawal of suit be decided first...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside -Limitation - Defendants never served in the suit - Limitation starts to run from the date of knowledge of passing of the exparte decree...........
