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...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - Application for restoration of appeal filed within 30 days from the date of dismissal of appeal for non-prosecution - It is appellant's first appeal against judgment and decree passed by Court below - Dispute is with regard to immovable property - Appeal restored subject to costs..........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Frivolous litigation - Three conditions are to be satisfied before Court proposes to award costs: (i) claim or defence must be false or vexatious; (ii) objections must be taken that claims or defence is false or vexatious to knowledge of party raising it; (iii) such claim or defence must have been disallowed or..........
Civil Procedure Code, 1908, Section 35A -- Compensatory cost - Objection was raised in written statement that suit was false and vexatious - Suit withdrawn by plaintiff and same was not decided on merits - Trial Court failed to pass any order about payment of costs - Trial Court directed to pass order in accordance with law as to whether defendant is entitled to costs - If..........
Civil Procedure Code, 1908, Order 11, Rule 15 -- Inspection of documents - Power U.O.11.R.15 CPC cannot be exercised at the stage of appeal after contesting the suit on merits and passing of decree against petitioner...........
Civil Procedure Code, 1908, Order 11, Rule 15 -- Inspection of documents - O.11.R.15 CPC prescribes a time limit for the purpose to inspect the document referred in the pleadings or affidavits and i.e at or before the settlement of issues - Inspection of documents thus, has to be completed by the time issues are settled and not later than that...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - When the same issue is put in issue in a later suit based on title between the same parties or their privies in a subsequent suit, decree in injunction suit equally operates as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
