Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought only to correct name of mortgagor - Mistake committed in the plaint, does not appear to be an intentional error or an attempt to change nature of suit - Ordinarily a Court would not deny a bona fide and legitimate amendment - Moreover, while allowing amendment of pleadings, particularly..........
Civil Procedure Code, 1908, Order 6, Rule 17, Rajasthan Rent Control Act, 2001, Section 6 -- Amendment of written statement - Dismissal of application - Eviction petition - Landlord passed away, petitioners being close relatives cannot plead ignorance of such fact and justify their inaction particularly when his legal representatives have already come on record - Factum of..........
Rajasthan Rent Control Act, 2001, Section 6, Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Bonafide requirement - Application for amendment of written statement of tenant that after death of landlord the son has joined his business and so bonafide requirement for personal business of his son does not exists anymore - Since in instant case issues have..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Defendants were never served any notice of pendency of suit before 29.8.2014 - On 29.8.2014 only a date was fixed to proceed ex parte and thereafter evidence of plaintiffs was taken on affidavit and matter fixed for ex parte judgment - Defendants even stated that if they are allowed to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Application for temporary injunction allowed - Suit for possession - Petitioner seeking exclusive possession on the basis of oral partition - There is no entry in revenue record with regard to oral partition - Moreover, land in dispute is stated to be agricultural and therefore, the petitioners cannot raise any..........
Hindu Marriage Act, 1955, Section 13(1)(ib) -- Divorce - Desertion - Necessary pre-condition for seeking decree of divorce is that it is imperative on part of plaintiff to plead and prove that defendant has deserted plaintiff and has continued doing so uninterruptedly for a period of two years prior to institution of suit - Period subsequent to institution of suit cannot..........
Agreement to sell -- Specific performance - Ready and willing - Plaintiff directed to deposit in Court the balance sale consideration to show his readiness and willingness - Plaintiff even if did not deposit the balance consideration in Court could produce documentary proof of holding balance sale consideration for payment which has also not been done - Readiness and..........
Easements Act, 1882, Section 35 -- Easementary rights - Suit for mere injunction complaining of disturbance of easement without claiming relief of declaration is maintainable as prayer of declaration is implicit in prayer of injunction...........
Easements Act, 1882, Section 35 -- Easementary rights - Injunction restraining disturbance - Plaintiffs have claimed right of way - Use of way was for more than 20 years, apparently, it was open and without obstruction - Plaintiff thus, discharged burden of establishing their long standing use of pathway which is nothing but easementary right by prescription - Concurrent..........
Specific Relief Act, 1963, Section 38, 39 -- Suit for prohibitory and mandatory injunction - Restraining defendants from interfering with exclusive usage of street by plaintiff - Street in question earlier formed part of private property of family of plaintiff and defendants - It is not a common property of village - Street in question was meant and was left during..........
