Civil Procedure Code, 1908, Order 23, Rule 1(3)(b) -- Withdrawal of suit with liberty to file fresh suit on same cause of action - Permissibility - Where there is material concealment of facts which were in the knowledge of plaintiff and after defendant exposes the same in written statement and counter claim, plaintiff cannot set at knot the entire process, that has to..........
Civil Procedure Code, 1908, Order 6, Rule 14 -- Non signing of written statement by defendant - Curing of defect - Allowed, in view of opinion of Supreme Court that defect of non signing of written statement by defendant is procedural, which can be rectified not only during the course of trial but even at the appellate stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to convert a suit for permanent injunction to a suit for specific performance - Amendment sought at an early stage and before commencement of proceedings - Amendment will curtail multiplicity of proceedings between parties - No serious prejudice will be caused to defendant on account of..........
Transfer of Property Act, 1882, Section 54, Specific Relief Act, 1963, Section 31 -- Cancellation of sale deed - When sale deed in question continues to be valid and defendant had become owner of suit property, suit of plaintiff seeking cancellation of sale deed is not maintainable...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Non filing of written statement - Court may pronounce judgment against defendant or may pass a different order as may appear to be fit - It is not imperative to pronounce judgment against defaulting defendant - Court has discretion to pass a different order which may include an order dismissing the suit as well...........
Stamp Act, 1899, Section 47A -- Stamp duty - Assessment - Suit for cancellation of sale deed - Defence of defendants is that sale deed is valid - So long defendant is contesting the matter on the ground that sale deed is valid, stamp duty has to be paid - If there is any assessment of quantum, same has to be first considered and decided in appeal...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Defendant filed the application for setting aside ex parte decree at the stage of execution and that too beyond limitation - Defendant contended that plaintiff forged the agreement in question which was worth about Rs.25 lacs - Value of property cannot be..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Defendant claiming possession on the basis of an oral agreement to sell - Held, defendant has no right to remain in occupation of the premises or retain possession merely because of oral agreement to sell in his favour and that too with one of the joint owners only - Trial Court..........
Specific Relief Act, 1963, Section 38(3) -- Injunction - Restraining defendant from disconnection electricity - Injunction can be granted when there is threat to invade the right to fully enjoy the property - Electricity is an essential requirement for any occupied premises and if a occupier is threatened with disconnection of power, it certainly amounts to invasion of the..........
