Civil Procedure Code, 1908, Order 41, Rule 17 -- Review of order passed under writ jurisdiction - O.41.R.17 CPC is not applicable to such an application - In absence of counsel for parties, Court is not required to dismiss in default and Court can decide the review application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Amendment to explain admissions are permissible but withdrawing or contradicting earlier admissions is not permissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment effectively displaces the original claim which is contrary to permissible scope of amendments - Amendment cannot be permitted - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Withdrawal of writ petition filed in High Court without permission to file a fresh writ petition may not amount to res judicata - However, remedy u/art 226 of Constitution should be deemed to have been abandoned by petitioner in respect of cause of action relied on writ petition when he withdraws without such..........
Civil Procedure Code, 1908, Section 5 -- Applicability of CPC - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code as per S.216 of said Code...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Non-framing of issues - Proceedings u/s 116 of U.P. Revenue Code - Provisions of CPC is squarely applicable to proceedings u/s 116 of U.P. Revenue Code - However, issues were not framed and evidence was not led - Impugned order set aside...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Enquiry U.O.22.R.5 CPC is summary in nature since purpose is not to decide the complex question of right of inheritance between contesting parties but to merely decide the issue as to who has right to represent the estate of deceased in a particular suit...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Illegal encroachment made by defendant on the street in question - Power exercised by Trial Court by appointing Kanungo Incharge of area as Local Commissioner cannot be stated to be illegal, perverse or against law, as report which will be submitted by Local Commissioner would assist the Court in properly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment relates to subsequent event - Same relates to defence already pleaded by defendant - Proviso appended to O.6.R.17 CPC provides that after trial has commenced, amendment should not be allowed apart from circumstances wherein it can be proved by party claiming amendment that..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Replication though not pleading specifically provided U.O.6.R.1 CPC but it attains character of pleadings when permitted to be filed by Court...........
