Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit was filed for declaration of title and plaintiff disputed the right and title of defendant over suit property - When such is the case, transfer of property or selling part of suit property to proposed party during pendency of suit proceeding is subject to Doctrine of Lis Pendens..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs by virtue of proposed amendment seek to change their entire flow of title and source of ownership - By deleting earlier substantial paragraphs of plaint and attempting to substitute them with newly fabricated and vague averments, plaintiffs are..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration and permanent injunction - Plaintiffs sought to change genealogy of joint family of their ancestors on the ground that they were not aware of same at the time of filing of suit - Said contention of plaintiffs is not believable and they must be vigilant to describe correct genealogy..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If amendment sought affects rights of defendants, it cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments are to be allowed which are necessary for determining real question in controversy provided it does not cause injustice or prejudice to the other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter affidavit - Defendants are trying to withdraw clear admission made by them by way of proposed amendments - No valid reasons were mentioned in affidavit filed in support of application as to why proposed amendment is necessary for effective adjudication of lis pending between parties - Order allowing..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Application filed to receive original Will and mark the same as exhibit - Though there is a recital about Will in written statement with regard to said Will, there is no hindrance to receive the same - But, in view of fact that application for amendment of counter affidavit filed by defendant was..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 417, 465, 468, 471, 120B -- Quashing of proceedings - Cheating - Fabrication and wrongful use of documents - Adjudication of forgery, cheating or use of forged documents in relation to a settlement deed will always carry a civil element - Therefore, there cannot be any general proposition..........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment of plaint seeking relief regarding refund of earnest money or deposit made has to be allowed at any stage of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 22 -- Amendment of plaint - Suit for specific performance - Amendment sought for refund of earnest money - Plaintiff has specifically sought decree for recovery of Rs.20 lakh double the amount of earnest money in the alternative though inadvertently same could not be sought in prayer clause -..........
