Specific Relief Act, 1963, Section 6 -- Dispossession - When suit u/s 6 of the Act fails, normal remedy for a party is to file a suit for declaration of title & possession - No appeal lies from the decision arising in a suit u/s 6 of the Act - Court can only interfere in revisional jurisdiction u/s 115 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Typographical errors - Amendment sought due to inadvertence, in place of word `gher' word `khor' was typed in the plaint at certain places - Amendment is simply a rectification of certain typographical errors which are noticed at the fag end of case - Proposed amendment is not going to change the nature..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Due diligence - Meaning - Due diligence means such diligence as a prudent man would exercise in the conduct of his own affairs...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Plaint - Amendment - Subsequent event - Amendment necessitated due to a Full Bench Decision settling the legal position - Plaintiff cannot be found fault either for not seeking the amendment at the commencement of trial or for seeking the amendment at the stage of first appeal - Lack of `due diligence' cannot be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought necessary for proper and effective adjudication of suit - Application for amendment bonafide - Refusal of amendment would lead to injustice - Allowing amendment will not cause any prejudice to defendant - Amendment allowed...........
Punjab Village Common Lands (Regulation) Act, 1961, Section 10A, Punjab Village Common Lands (Regulation) Rules, 1964, Rule 6(6) - - Cancellation of lease - Validity - Gram Panchayat leased out village pond for stocking fish for an amount of Rs.65,000/- per year - Lease period was fixed as seven years with a stipulation that after three years, there will be 25% increase in..........
Civil Procedure Code, 1908, Order 6, Rule 14 -- Plaint - More than one plaintiff - Plaint is required to be signed by all the parties and its pleader...........
Civil Procedure Code, 1908, Order 6, Rule 15 -- Verification of pleadings - More than one plaintiff - Verification by one of the plaintiffs - Held, verification requirement is fulfilled by the signing of any one of the parties to the pleadings...........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partnership firm - Death of one partner - Devolution of interest - A registered partnership firm, consisting of only two partners, filed suit when both partners were alive - During pendency of suit one of the partners died - Partner who died is none other than the father of..........
Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 30, Rule 4, Civil Procedure Code, 1908, Order 6, Rule 17 -- Suit by partnership firm consisting of two partners, father and son - Death of father - Out of the two surviving heirs, sister not interested in prosecuting suit - Held, surviving partner is entitled to continue the suit and amendment..........
