Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Can be allowed which is relevant to deny the fact as pleaded in plaint - However, by amendment of written statement defendant want to set up a new case with regard to some encroachment qua which no relief is prayed in the main suit - Impugned order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - On setting aside ex parte decree parties are relegated to the position as they were at the time when exparte judgment and decree was passed - Defendant who had not filed written statement inspite of availing number of opportunities shall not be permitted to file written statement but they..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Expiry of lease period - Appellant has not vacated premises - Admittedly, tower remained on premises of plaintiff therefore, lower appellate Court has rightly assessed mesne profit @ Rs.1,000/-...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge thereto - Merely because trial Court before whom application for consent decree was presented, referred the matter to Lok Adalat, cannot be a ground to doubt genuineness of consent decree...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree passed by Lok Adalat - Challenge there to - Application U.O.23.R.3 CPC filed before trial Court - However, trial Court referred the matter to Lok Adalat - Lok Adalat passed the consent decree - Consent application was presented and signed by advocates for defendants and also parties who appeared before trial..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Petitioner disputed the title of landlords - If a dispute is raised by a person qua title of landlord, appropriate remedy available to such person would be before a civil Court - He would be precluded from being impleaded as a party U.O.1.R.10 CPC in an eviction petition to claim..........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Dismissal of application to recall ex parte order - Order not an interlocutory order - Appeal against such an order is maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Divorce proceedings - Family Court erred in proceeding wife ex parte as she did not file written statement on first date fixed for filing written statement - Family Court ought to have given opportunity to wife to come forward so as to make an effort for reconciliation between parties - Order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Co-sharers - Plaintiff failed to specifically plead and prima facie satisfy Court that some exclusivity was attached to that portion of joint land which was being utilized by defendants for raising construction or by doing so, defendants would exceed their share - Moreso, when plaintiff and his family..........
Civil Procedure Code, 1908, Order 47, Rule 1, 9 -- Review - Review of a review - Second review application is not maintainable...........
