Suits and execution proceedings -- All Courts dealing with suits and execution proceedings shall mandatorily follow directions viz: (i) In suits relating to delivery of possession, Court must examine parties to suit U.O.10 CPC in relation to third party interest and further exercise the power U.O.11.R.14 CPC asking parties to disclose and produce documents, upon oath,..........
Specific Relief Act, 1963, Section 38(3)(d) -- Permanent injunction - Consequential relief of permanent injunction sought in a declaratory suit for easement - Once plaintiff having established easementary right over suit land, then order to enjoy that declaratory decree consequential relief of permanent injunction ought to have been in his favour, otherwise, it would give..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment in a suit for specific performance - Subsequent purchaser with notice of the previous agreement - He is a necessary party - To avoid multiplicity of proceedings and effectually adjudicate the matter in issue, he should be impleaded as a defendant...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Conditions to be satisfied to record compromise : (1) There should be a lawful agreement or compromise; (2) Compromise has to be in writing and signed by the parties; (3) Compromise must be recorded by Court; (4) A decree on such compromise can be passed so far it relates to the parties to the suit but may extend..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - While exercising discretion to add a party Court must be guided by following factors: (i) whether party sought to be added is a necessary party or not; (ii) whether his presence would enable Court to effectually and completely adjudicate all questions involved in that case; (iii) whether his..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Proceedings u/s 57 of Madras Hindu Religion and Charitable Endowments Act - Petitioners are not necessary to effectually and completely adjudicate upon and settle all questions involved in proceedings - Even, in absence of petitioners as parties in proceedings will not lead to any multiplicity of..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Suit for eviction - Proposed amendments are only clarificatory in nature so as to obviate rejection of petition on ground that landlord has not disclosed the facts - Moreover, for the fault of office bearers/representative landlord should not be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent developments - Amendment sought to incorporate subsequent developments - Since denial of amendment would lead to multiplicity of proceedings, application for amendment rightly allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Discretion in allowing amendments to be liberally exercised so that multiplicity of proceedings are avoided and amendments which do not totally alter the character of an action should be readily granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Partition suit - Amendment sought after delay of about 5 years and that too when matter is at the stage of defendants evidence - Application for amendment though filed belatedly, simply explains stand taken by petitioner in his written statement - Paragraphs sought to be incorporated explain..........
