Civil Procedure Code, 1908, Section 152, 151, 11 -- Correction/amendment of decree - Res judicata - Application u/ss 152, 151 CPC is not maintainable filed after rejection of application filed u/s 47, 151 CPC raising same objection, being hit by res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 11, Rajasthan Tenancy Act, 1955, Section 207 -- Rejection of plaint - Suit for declaration, correction in the revenue record, partition and permanent injunction - Agricultural lands - Ancestral properties - S.207 of Act of 1955 provides that cognizance of any suit or application qua which relief could be granted by a Revenue Court..........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of judgment - Valuation of subject matter of suit property - Parties were heard on issue of valuation and then trial Court ascertained the valuation of subject matter of suit property - It cannot be said that valuation was only clerical or arithmetical mistakes or accidental slip - Application rightly..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Decree for declaration and permanent injunction - Plaintiff filed the suit on basis of earlier judgment and decree of 1982 in which title of plaintiff was declared - Non-filing of execution proceedings qua said decree of 1982, defendants do not ipso facto become owners of suit property and same does not debar..........
Civil Procedure Code, 1908, Section 144 -- Restitution - Mistake/error committed by Court - Correction on the basis of principle of restitution - Any undeserved or unfair advantage gained by a party invoking jurisdiction of Court must be neutralized, as institution of litigation cannot be permitted to confer any advantage on a suitor by act of Court...........
Civil Procedure Code, 1908, Section 151, 152 -- Correction of sale deed executed pursuant to decree - Correction of Gut numbers - There was an error not only on the part of decree holder but also on the part of Executing Court - Court can issue necessary directions for correction of sale deed - Application allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Amendment of correction of paragraph numbers - Amendment is corrective and formal in nature - Amendment allowed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Jurisdiction of Court - Suit for cancellation of sale deed and correction of entries in revenue record - Plaintiff is seeking relief mainly for cancellation of sale deed - Sale deed can only be cancelled by civil Court after adducing evidences by parties - Court below already framed issues regarding..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Signature of accused over date column - Accused never denied his signature above the date column of cheque - Trial Court rightly observed that accused acknowledged correction of the date i.e. year of cheque - Alteration does not disentitle complainant from negotiating the..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration for correction of date of birth - Suit for bare declaration, without any consequential relief is maintainable...........
