Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Courts below concurrently decreed the plaintiff's suit by recording all the findings of fact against defendant - Said findings were neither against the pleadings nor evidence and nor against any provisions of law - Question which was formulated by High Court did not involve any question of law..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the name of plaintiff company - Change of name of company would not change or affect the basic nature of suit - Moreover, no amendment in pleadings is being sought by plaintiff as a consequence of amendment in the change of name of company - Case is still at initial stage, as..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking out pleadings - Plea that suit is not maintainable in view of some provisions of law - Rival contentions of parties have to be established by producing oral and documentary evidence - Application rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application - Eviction petition - Issue of jurisdiction goes to root of matter in case it is found that property is not within Municipal limits, the petition itself would not be maintainable - In such circumstances,..........
Wakf Act, 1995, Section 40 -- Wakf property - Declaration of ownership - Neither there are pleadings nor there is iota of proof on record to the effect that suit property was ever declared as Wakf property or it was notified as such - Even, it is also not known whether plaintiff/Board had followed mandate of provisions of Wakf Act and followed mechanism contained in the..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Proof beyond pleadings - No amount of evidence beyond pleadings can be taken into consideration...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Evidence beyond pleadings - Cannot be looked into...........
Civil Procedure Code, 1908, Order 6, Rule 2, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Evidence beyond pleadings - Divorce - Cruelty - Petition by husband - Husband seeking divorce on the ground of cruelty - Issue relating to adultery and evidence on this point as well as finding given by Court below, are all beyond pleadings of parties, which cannot be allowed to..........
Agreement to sell -- Specific performance - Plea of hardship - Defendant took plea that plaintiff in the garb of loan fraudulently obtained his signatures - Since fraud was played defendant alleged that he will suffer hardship in the event of execution of sale deed - However, no evidence led by defendant to substantiate his plea - Trial Court after considering pleadings,..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Evidence beyond pleadings - Is of no avail...........
