Civil Procedure Code, 1908, Section 16(c), 20 -- Jurisdiction - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC...........
Civil Procedure Code, 1908, Section 16(c) -- Jurisdiction of Court - Mortgage suit - Court in whose jurisdiction property is situated has jurisdiction to entertain mortgage suit as per S.16(c) CPC - S.16(c) CPC has an overriding effect on the residuary provision as contained in S.20 CPC - When a Court lacks jurisdiction parties cannot by their agreement confer the same, as..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Inconsistent and contradictory allegations in negation to admitted position of facts or mutually destructive allegations of facts should not be allowed to be incorporated by means of amendment of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - If the pleas sought to be introduced by plaintiff by way of an amendment is also the plea which defendant has set up in written statement and such a plea of plaintiff is an alternative plea, even though it is inconsistent with original plea, since there is no prejudice caused to defendant, Court is not..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Bar of subsequent suit on same cause of action - Suit for redemption of mortgage - If right of redemption is not extinguished, provision of O.9.R.9 CPC will not debar mortgagor from filing a second suit, as cause of action in a redemption suit is recurring one...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - An erroneous view of law is not a ground for review and Court cannot rehear and correct an erroneous judgment by way of review...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Scope of review cannot be extended to re-appreciation of evidence led by parties before trial Court nor can High Court in exercise of its power of review sit over its own judgment regarding interpretation of a document...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting mala fide, or that by his blunder, he had caused injury to his opponent which may not be compensated for by an order of costs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Before commencement of trial - Amendment sought to bring true facts before Court and would not cause irreparable loss to plaintiffs - Amendment application allowed subject to payment of cost of Rs.2000/-...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of encroachment - Court while directing to remove encroachment does not state on what basis Court has arrived at conclusion that there had been an encroachment - There is nothing forthcoming to prove that defendant had caused any encroachment - Impugned order set aside -..........
