Civil Procedure Code, 1908, Order 6, Rule 17 -- Amenemnt of plaint - Seeking additional relief - Such relief not claimed due to oversight - Same cannot be accepted as a ground to allow any amendment in the pleadings at the fag end of trial especially when admittedly the facts were in knowledge of plaintiffs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Application filed after five years of passing the compromise decree - Limitation for challenging any decree is three years - A fresh suit to challenge the same may not be maintainable - In case amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Such relief could not be claimed in the present suit as all the parties thereto are not before Court in the suit in question...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Application U.O.41.R.27 CPC is required to be considered at the time of hearing of appeal on merits so as to find out whether documents/evidence sought to be adduced have any relevance on the issue involved...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Admissibility - True test is whether appellate Court is able to pronounce judgement on the materials before it without taking into consideration the additional evidence sought to be adduced...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Seven accused acquitted and remaining two convicted - Summoning order passed after acquittal of accused is not in accordance with law...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Person can only be summoned as an accused, when Court after analyzing the evidence available on record strongly feels that there is sufficient and overwhelming evidence available on record and it is expedient for justice to summon him as accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial Court, without assigning sufficient ground for substratum of constituting the offence, has wrongly observed that the role of petitioners is suspicious - No specific or cogent reasons have been assigned by Court as to how petitioners are involved in crime - Reasoning that police authority..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate Court - Suit for specific performance - Suit filed in the year 2006 and judgment passed in 2010 - Judgment sought to be marked is in respect of a partition suit filed in the year 2014 in between defendants and his family members who are claiming rights over property - Application dismissed as..........
