Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent and mandatory injunction - Amendment sought to correct khasra number mentioned in plaint - Application filed immediately after filing of suit and trial Court even allowed the same before written statement of defendants was on record - Application rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Dispute is essentially with regard to payment of service charges between owners of property and its user i.e. respondent No.3 - Therefore, no other person has any right to be impleaded so as to defend suit regarding payment of service charges - Appellant claims to be successor of respondent No.3..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Scientific expert - Power to seek expert opinion is discretionary and cannot be claimed as a matter of right...........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 10A -- Scientific expert - Comparison of signatures and thumb impressions - Mere denial of execution of documents does not automatically mandate comparison through an expert, particularly when documents relied upon is already part of record and matter is yet to proceed to final adjudication - Application rightly..........
Revenue authorities -- Not competent to adjudicate question of title - In the event a serious or bona fide dispute relating to title is found to arise between parties, revenue authorities shall refrain from entering upon such adjudication and leave the parties to work out their remedies before competent Civil Court, which alone is empowered to decide title disputes...........
Civil Procedure Code, 1908, Order 17, Rule 1, 2 -- Closure of evidence of plaintiff - Evidence of plaintiff was closed after giving fifth opportunity to lead evidence - Even on the date when order of closure of evidence was passed, no list of witnesses was filed by plaintiff - Sufficient opportunities were granted to plaintiff to lead evidence - Evidence of plaintiff..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Availability of civil remedy - Mere fact that complaint relates to commercial transaction or breach of contract, for which civil remedy is available, is not by itself ground to quash the criminal proceedings...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Availability of civil remedy - Complaint dealing with commercial transaction or breach of contract, for which civil remedy is available, can be quashed if it is shown that complaint even if taken at its face value does not disclose commission of any offence or criminal proceedings have been initiated..........
Indian Penal Code, 1860, Section 457, 380, 188, Criminal Procedure Code, 1973, Section 482 -- Offence u/Ss.457, 380, 188 IPC - Quashing of FIR - Petitioner alleged that subject matter of FIR is also subject matter of arbitration proceedings in which compensation has been provided to respondent-3 for value of damaged goods - However, respondent-3 may have been granted..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a natural legal heir - Suit for declaration claiming inheritance and challenging Will - `S' being another son of deceased/father of plaintiff is a natural legal heir - He is thus, a necessary party to suit, as in the event Will is set aside, inheritance would devolve upon natural heirs - `S' would be entitled..........
