Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint in pre-emption suit - Impleading of a vendee as a defendant after expiry of period of limitation - All persons shown as vendees in Certified Copy of Sale Deed impleaded - No reason to suspect error in Certified Copy - No evidence to show that on date of suit..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption suit - One of the vendees shown as minor - Objection in written statement that vendee no more a minor - Amendment of a formal nature - No Court should normally disallow it if sought bona fide at early stage of case - Not correct that limitation against vendee shown as minor will start from..........
Civil Procedure Code, 1908, Order 7, Rule 1(d), Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 32, Rule 3 -- Pre-emption suit against vendees - Vendees minors when suit filed - Non-disclosure of minority of defendants in plaint - Not fatal to suit - Application for making appointment of a guardian at litem - Can be made after expiry of..........
Punjab Pre-emption Act, 1913, Section 30 -- Limitation Act (36 of IV63), Article 97 - Taking of actual physical possession - Mere demarcation or pointing out of plots by vendor - Not enough. By the mere fact that the vendor had demarcated the plots or pointed them out, the vendee had not taken actual physical possession. (Para 13) Where plots had to be carved out of a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint in pre-emption suit - Impleading of two vendees as a party defendant after limitation for filing suit expired - Cannot be allowed - Proposition of law enunciated in Debabrata Bhowmick's case A. I. R. 1978 Calcutta 482 that amendment in a pre-emption case can be allowed even if limitation for filing a fresh..........