Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for injunction and subsequent suit for possession on basis of agreement to sell consolidated by trial Court - Though some of issues may overlap in both the suits but entire subject matter in controversy is not the same in both the suit - Moreover, whether decision in earlier suit would operate..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - It is only the subsequent suit that can be stayed u/s 10 of the Code...........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Recourse to inherent powers uncalled for when there is specific provision such as S.10 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Subsequent event - Where suit for eviction of tenancy is filed on certain grounds, subsequent addition of fresh ground in plaint does not change nature of suit and therefore, amendment to add such new grounds is permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Eviction suit - Amendment sought to incorporate sub-letting - Plaintiff was aware of fact that suit premises were sub-let by defendants at the time of institution of suit - It is neither subsequent event nor a new ground for recovery of possession that arose after filing of suit - Admittedly,..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Test for raising objection under the Rule is that whether claim made in the subsequent suit could have been made in the earlier suit or not - Cause of action must be same for application of the Rule...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Previous suit filed in the year 2015 - Present suit filed in the year 2016 - Appellant discovered fraud alleged to have been played by respondent pursuant to documents dated 10th and 12th February, 2016 - There was disclosure and discovery of new facts constituting new cause of action - Moreover the..........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand - Issue of limitation - Recovery suit - District Judge remanded the matter for retrial for the reason that issue of limitation though not raised by defendants goes to root of matter - However, question of limitation was considered by trial Court in first round of litigation - Defendants had not challenged said..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Subsequent development - Eviction suit - Amendment sought to incorporate subsequent development which have taken place as plaintiff has obtained vacant possession of another shop in question - Therefore, amendment sought is just to establish that bona fide requirement is not available to..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Possession of leased premises handed over to plaintiff in view of subsequent development - Default if any stands purged, as possession has been already handed over - Suit is now only for recovery of amount of lease money - O.15.R.5 CPC is not longer applicable - Order of striking of defence set aside...........
