Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Application dismissed only on the ground that same had been filed at the fag end of trial - Issue as to whether amendment in question ought to have been allowed keeping in view the facts which have emerged in the cross examination of respondent-landlord not touched upon - Impugned order set..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Third party is asserting his right on the premise that he is entitled to recover some amount from plaintiffs in view of back to back transactions - He has no right or interest in subject matter of suit - Third party is neither a necessary party nor a proper party in..........
Civil Procedure Code, 1908, Section 2(9) -- Judgment - Not to be read as statue...........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Abatement of appeal - Death of plaintiff - Copy of intimation of death of plaintiff as submitted by his counsel was not served upon counsel for appellants - No material to suggest that fact of death of plaintiff before first appellate Court was mentioned in order sheet of appeal - Finding of abatement recorded by appellate..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At the time of deciding application U.O.1.R.10 r/w S.151 CPC, trial Court was not obliged to adjudicate inter se rights of parties finally...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Application u/s 372 of Succession Act for issuance of succession certificate - Objections against issuance of succession certificate are invited from general public - Application was filed by father of deceased who was entitled for impleadment in view of averments and claim made in application -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration, possession and damages - Plaintiff led no evidence to establish that he was throughout in possession since 1930 after resumption of grant by successor of defendant - First appellate Court and High Court have proceeded on assumptions and presumptions to hold in favour of State on the question..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Plaintiffs in a suit challenging revocation of respective licenses, cannot be permitted to challenge respective mortgages/charges created on entire premises as void ab-initio by way of amendment - Order allowing amendment set aside...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Plaintiff cannot be permitted to join any party as a defendant who may not be necessary and/or proper party at all on the ground that plaintiff is dominus litus...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - Revocation of license is subject matter of respective suits - Plaintiff by way of amendment want to challenge mortgages/charges on entire premises created by defendant - Original plaintiffs being licensee are aware that there shall be charges/mortgages on entire premises, now..........
