Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At the stage of judgment - Permissibility - Partition suit - Suit instituted in the year 2006 - However, no explanation on behalf of petitioner as to how all of a sudden he has gained knowledge about pendency of a civil suit and all other developments that have taken therein and moved an application..........
Agreement to sell -- Specific performance - Ready and willing - Neither there was any averment in plaint that plaintiffs were ready or always been ready to perform their part of contract nor they deposited the balance sale consideration in Court to show their bona fide i.e readiness and willingness - Moreover, plaintiffs were not able to mobilise funds even to pay Court..........
Limitation Act, 1963, Section 5 -- "Sufficient cause" - To receive liberal construction so as to advance substantial justice - When there is no negligence, inaction or want of bona fide is imputable to the applicant, the delay has to be condoned - Discretion is to be exercised like any other judicial discretion with vigilance and circumspection - Discretion not to be..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 12, 14 -- Production of documents - Eviction petition - Tenant sought production of rent notes of other three shops which have been let out before filing of eviction petition - Production of rent notes from landlord would be necessary for proving bona fide need of landlord - Landlord directed to produce said rent..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Bona fide parties - Court has duty to curb vexatious and frivolous petitions, which were filed with ulterior motive of protracting the litigation by certain persons under the guise of bona fide parties to proceedings...........
Limitation Act, 1963, Section 14 -- Exclusion of time - S.14 of Act, which is based on advancing the cause of justice would certainly apply to exclude time taken in prosecuting proceedings which are bona fide and with due diligence pursued, which ultimately end without a decision on the merits of case - In such case, there is no question of condonation of delay...........
Limitation Act, 1963, Section 14, Customs Act, 1962, Section 128 -- Exclusion of time - Time taken in prosecuting an abortive proceeding would have to be excluded as the appellant was prosecuting bona fide with due diligence the appeal before CEGAT which was allowed in its favour by CEGAT though the same is dismissed as the CEGAT had no jurisdiction to entertain such..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Eviction petition - In earlier petition issue was as to bona fide requirement - In civil suit issue was as to whether tenancy rights are inherited for limited period or not - Issue involved in subsequent suit was not directly or substantially the same as in the earlier petition - Doctrine of res judicata not..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Subsequent bona fide purchasers - Scope of relief in a suit for partition cannot be changed to a suit for eviction and possession by impleading third parties, who are neither necessary nor proper parties to the original suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court must not refuse bona fide, honest and necessary amendment but at the same time, Court should never permit mala fide, dishonest and unnecessary amendment which may cause prejudice to other side which cannot be compensated adequately in terms of money...........
