Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Amendment sought by successors-in-interest of original tenant - Amendment sought when repeated adjournments were granted to lead evidence - Such conduct clearly reflects that neither they were diligent in pursuing their case nor their actions are bona fide - More so, delay..........
Civil Procedure Code, 1908, Section 151 -- Execution - Restoration of petition dismissed in default - Application for restoration of Execution Case was earlier allowed by a speaking order and case was posted for appearance of non-applicants - However, application for restoration was again considered and rejected and there was also an observation made by execution Court..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Injunction suit - Dispute between parties in respect of public rasta over which plaintiffs allegedly acquired a right of prescription - However, concurrent findings of fact recorded by two Courts where plaintiffs could not establish his own case - There is no perversity in said findings recorded by two Courts -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of eviction petition - Grounds on which defendant is seeking rejection of ejectment petition are a matter of evidence and are not germane for deciding application filed by him U.O.7.R.11 CPC - Rejection of plaint at the threshold entails very serious consequences - Power to reject plaint has to be used in..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 9, Limitation Act, 1963, Section 5, Order 43, Rule 1(c) -- Composite application U.O.9.R.9 & S.151 CPC and S.5 Limitation Act - Rejection of said application - Appellate Court held that order passed amount to an order passed U.O.43.R.1(c) CPC and appeal thereagainst is maintainable - There is no order on merits of the..........
Criminal Procedure Code, 1973, Section 406, 177 -- Transfer of case from Delhi to Allahabad - Cause of action arose in Delhi - Criminal case ought to be inquired and tried ordinarily where cause of action has accrued - Transfer petition dismissed...........
Criminal Procedure Code, 1973, Section 406 -- Transfer of case from Delhi to Allahabad - Cause of action as per FIR alleged to have arisen in Delhi where matrimonial home of petitioner is situated - Most of PWs are situated in Delhi - 12 official witnesses are serving in Delhi - If transfer petition is allowed, they would be required to travel from Delhi to Allahabad which..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte eviction order - Setting aside - Service of summons by Munadi - Service of summons was effected but there was an irregularity as copy of petition was not served - Since it was well within knowledge of defendant that there was a case pending against him qua which service of summons was effected - Even if it was not..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence when case was fixed for rebuttal evidence/final arguments - Additional evidence sought to be adduced by defendant is not required - Application for reopening of evidence rightly dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to incorporate fact that defendant Nos.2 to 4 and plaintiff belong to same group - However, defendant already pleaded fraud and misrepresentation and also pleaded various other defences - By way of amendment, defendant wants to reopen entire case - No amendment after..........
