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 6, Rule 17 -- Amendment of pleadings - Court may at any stage of proceedings allow either of parties to alter or amend pleadings, in such manner or on such terms as may be just...........
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 7, Rule 11 -- Rejection of plaint - Contentious issues - Can only be ascertained after parties lead evidence - Application rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Law as to : (i) Court to consider averments made in plaint and documents filed in support of plaint; (ii) No part of defence or documents filed by defendant can be looked into; (iii) averments made in plaint has to be taken as truth and Court cannot proceed on the premise that averments are false; (iv)..........
Civil Procedure Code, 1908, Section 96 -- First appeal - Plea of adverse possession - Appellate Court cannot entertain a plea of adverse possession first time raised during appeal and cannot record its finding, where no issues were framed and no evidence was led at the stage of trial...........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 4 -- Summary suit for recovery - Ex parte decree - Setting aside - Summons were duly served on the address given by appellants lawyer - Procedure prescribed U.O.37 CPC was adhered to - O.37.R.4 CPC is very categorical that power enshrined therein has to be exercised only on special circumstances - No special..........
