Civil Procedure Code, 1908, Order 9, Rule 9, Limitation Act, 1963, Section 5 -- Restoration of suit - Dismissed in default - Condonation of delay - Eviction suit - Delay in question cannot be held to be fatal or prolonged - There was a slight delay, which has been satisfactorily explained by plaintiffs - Important questions of law and facts are involved in the suit and..........
Civil Procedure Code, 1908, Order 41, Rule 21 -- Re-hearing of appeal - Ex parte decree passed in second appeal - No document to show that applicants were aware about listing of case - Even Court had not issued any SPC to respondents in view of absence of their counsel - Applicants have shown sufficient cause that prevented them from appearing before Court in second appeal..........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When error in decree was being pointed out and even if trial Court came to conclusion that application is wrongly captioned but if objection was there and there was error in decree, then trial Court was under obligation to correct error in decree before it being finally signed...........
Civil Procedure Code, 1908, Section 152 -- Amendment/correction of decree - When decree has been finally signed, objections u/s 152 CPC would be maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Amendment sought to be introduced in relation to partition decree is neither relevant nor bona fide - Same has been sought to be introduced at a belated stage without providing any justifiable explanation for delay - Amendment application rightly rejected qua partition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for specific performance - Proposed amendment regarding subsequent sale after passing of ex parte decree and before ex parte decree was set aside - Amendment was sought immediately after restoration of suit - It cannot be said that there was absence of due diligence or any gross delay - Even..........
Civil Procedure Code, 1908, Order 21, Rule 26 -- Stay of execution - Ex parte decree - Recovery suit - Execution of ex parte decree was stayed with condition of furnishing security/bank guarantee equal to decreetal amount - Said order has sufficiently secured interest of plaintiff against any uncertainty regarding recovery of decreetal amount - Imposition of such condition..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is necessary for adjudication of real dispute between parties and does not alter the nature or scope of proceedings - Amendment sought pertains to subsequent development that arose post filing of suit and is intrinsically connected with core dispute - Application rightly allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Where prayer is for rejection of plaint on the ground of limitation and if from plain reading of plaint it appears that suit is barred by time then in that exceptional circumstances, plaint may be rejected U.O.7.R.11 CPC on the ground of limitation...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit filed after expiry of period of limitation is barred by time - Plaint rejected - Application allowed...........
