Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Issue on basis of alternative plea of ouster - Parties can plead inconsistent or alternative plea, but not to the extent of mutual destructive to each other - Trial Court committed error in not allowing framing of an issue on basis of alternative plea of ouster - Impugned order set aside - Matter remitted..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from raising construction on entire suit land - Plaintiff has no claim on entire suit land - By way of resumption proceedings, plaintiff is claiming only a share therein - Plaintiff thus, can resume part of suit land - He cannot be said to have a prima facie case for injuncting..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Inconsistent pleas can be taken and even subsequent events can be allowed to be incorporated by way of amendment but not when total cause of action is going to be changed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment not only to change cause of action but also to change nature of suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - Appeal does not abate - Death of one of the partners does not foreclose the continuation of civil proceedings initiated by the firm...........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 30, Rule 4 -- Suit by partnership firm - Death of one out of two partners during pendency of appeal - L.R's of deceased partner applied for their impleadment in substitution of deceased partner - There was no reason to decline such a prayer when application was moved in time without any other..........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - S.17 gives a choice to plaintiff to choose territorial jurisdiction of a Court, if different Courts have jurisdiction...........
Civil Procedure Code, 1908, Section 17 -- Jurisdiction of Court - Four immovable properties situated within jurisdiction of different Courts - Plaintiff has choice to institute suit at any of the four Courts, subject to the pecuniary jurisdiction of that Court i.e. the Court should have pecuniary jurisdiction over the value of the suit by considering the aggregate value of..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Decree for specific performance - Execution petition cannot be rendered infructuous in the absence of objections having been filed at the instance of third party, even having purchased the suit property from JD prior to filing of suit...........
Indian Penal Code, 1860, Section 420, 468, 471, 120B, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of proceedings - Dispute regarding execution of sale deed - Civil suit is pending between parties - Civil Court is therefore seized of the question as regards legality and validity of disputed sale deed - In such situation it will not be proper to permit..........
