Civil Procedure Code, 1908, Order 7, Rule 11, Commercial Courts Act, 2016, Section 12A -- Rejection of plaint - Non-compliance of S.12-A of Commercial Courts Act - Plaintiff itself alleges in plaint that infringement was being done by defendants since April 2023 - There is no whisper in application as to what necessitated plaintiffs to seek urgent relief, by bypassing..........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Third party objections - Wife of JD filed objections that decree has been obtained by DH by way of fraud - There is no matrimonial discord between petitioner and her husband/JD - Objection application is for all purposes is at the behest of her husband/JD only - Moreover, for totally unexplained reasons, JD did..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought when case was posted for final arguments - Plaintiff who got prepared the plaint, signed and verified has not shown due diligence at all - If plaintiff had shown due diligence at the time of filing plaint at the very inception in plaint all amendments now sought to be made should have been..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Inconsistent pleas can be taken in pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Initially suit was filed claiming it as easementary right - Alternative plea of passage being a public passage has been sought by way of amendment - Nature of suit not changed by allowing the amendment, rather it remained the same - Application rightly allowed...........
Civil Procedure Code, 1908, Section 34 -- Interest - Suit decreed with all consequential benefits, however, no interest was granted - Once judgment and decree passed by trial Court was clear and explicit with respect to interest not awarded, no illegality or perversity can be found with discretion exercised by Executing Court having denied the interest - Executing Court..........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for determination - Neither requisite point of consideration on the point of legal necessity is framed nor findings recorded thereon by appellate Court - Appellate Court has simply recorded concurrence with findings of trial Court without delving into evidence and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment is foreign to case set up in plaint - Amendment would cause irreparable loss to defendants - Moreover, trial Court passed the order allowing amendment without any due application of mind by simply referring to respective contentions of parties and thereafter, in a mundane manner..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - When findings of facts arrived by First Appellate Court on appreciation of pleadings and evidence of parties are neither perverse nor unreasonable, question of interfering with the same through second appeal filed by plaintiff does not arise...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration of title and eviction - First Appellate Court held that plaintiff has failed to establish his title and possession over suit properties and plaintiff is not entitled to get decree of declaration of right, title, interest over suit properties and he is also not entitled to get decree of recovery..........
