Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - To be liberally construed and has to be treated on different pedestal than that of amendment of plaint - In case of amendment of written statement, defendant is entitled to take inconsistent pleas and in appropriate cases, even admission made on earlier occasion, can be allowed to be withdrawn..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - While deciding an application U.O.7.R.11 CPC, only averments contained in plaint are to be considered...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Defendant sought rejection of plaint on the ground that alleged sale deed has not been challenged by plaintiff in the suit - However, plea of plaintiff that he got knowledge of existence of sale deed at a later date is an essential fact which could not be decided at the stage of deciding..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Defendant no.2 from whom plaintiff alleges to have purchased the property vide a sale deed himself has specifically denied the factum of said execution - There is no public document or any other document available on record to prove that wife of defendant no.2 was owner of property, as she was minor..........
Civil Procedure Code, 1908, Order 21, Rule 86, 71 -- Auction sale - Default in payment of auction money - Forfeiture - No provision in CPC which empowers Court to refund the initial amount deposited, to the auction purchaser who fails to make balance payment within time - O.21.R.71 CPC has no application, as property in question has not even resold - Moreover, mere..........
Civil Procedure Code, 1908, Section 41 -- Remand - Appellate Court can remand the case back to trial Court if decree is reversed in appeal and retrial of case is considered necessary - However, efforts should always be made by appellate Court to decide the case on merits, rather than remanding the case back to trial Court because it entails delay and decree which has been..........
Civil Procedure Code, 1908, Section 41 -- Additional evidence at appellate stage - First appellate Court has all the powers to record additional evidence or seek report from trial Court after framing an additional issue or allowing application for additional evidence...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a party and amendment of pleadings - Single application is maintainable...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court should allow amendment in the pleadings in a liberal manner where a case is at a preliminary stage...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Application filed for restoration of appeal should not be dismissed only on the basis of previous conduct of appellant...........
