Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Plea of non-framing of an issue with regard to easementary right - Specific case of plaintiff is that windows/ventilation are existing for last about 50 years through which he is enjoying the light and air which was denied by defendant and parties have led their evidence on this aspect - In these circumstances,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Person having interest in land or property in question and by adjudication of any dispute with regard to said property and if it affects the right of plaintiffs in any manner then certainly he is a necessary and effected party and is supposed to be impleaded as party in the proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Withdrawal of right accrued to defendant in the light of admission made in written statement cannot be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Facts sought to be produced by way of amendment was well within knowledge of defendant on the date of filing of suit - There is absolute lack of due diligence on the part of defendant - Application rightly rejected...........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4, 8, Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Dismissal in default for non appearance of both the parties - Restoration - Application for restoration of petition for divorce by mutual consent should have been filed by both the parties jointly and restoration application filed by appellant..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Under the garb of O.26.R.9 CPC, assistance of Court should not be sought to collect any favourable evidence as onus of proof of their case lies on respective parties by adducing evidence at appropriate stage...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Dispute with regard to vacation of shops in question - Physical inspection of shops in question is thus, relevant and will be of certain use and assistance of Rent Controller for deciding relationship inter se tenant and landlord as to whether it exists on land owned by landlord -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Subsequent purchaser from co-sharers of a joint family property proceeded with construction of property without land being partitioned amongst co-sharers or divided through settlement - No demarcation has taken place over land in question - In absence of partition or demarcation, it..........
Civil Procedure Code, 1908, Section 151, Order 37, Rule 3 -- Summary suit for recovery - Non-appearance of defendant - Condonation of delay - O.37.R.3 CPC clearly provides for defendant to make his appearance before Court within a period of 10 days after service of summons - However, defendant after a period of 20 days made his appearance before Court and presented..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Plaintiff was continuously appearing in suit right from its beginning except on the date when suit was dismissed in default - He could not appear on the relevant date owing to his illness - Plaintiff thus, succeeded to establish sufficient cause for his non-appearance from attending..........
