Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of Plaint - Suit for mandatory injunction - Application u/o 6 R. 17 for converting suit into a suit for recovery - Declined by Trial Court on grounds that proposed amendment would change nature of suit & suit for recovery barred by limitation - Held - (i) Change of nature of suit per se no ground to reject..........
Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Consent order - Right to challenge in revision - Application for interim injunction restraining defendants from interfering in peaceful possession and enjoyment of land, demolishing construction and also from raising further construction - Dismissed by Trial Court - Undertaking by..........
Representation of the Peoples Act, 1951, Section 83, Civil Procedure Code, 1908, Order 7, Rule 11 -- Contents of election petition - Material facts not stated in petition - Petition liable to dismissed - Distinction between material facts (facta probanda) and material particulars (facta probantia) - `Material facts' are primary or basic facts which must be pleaded by the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ancestral Property - Stay of alienation - Compromise/family settlement among sons, father and minor son and widow of predeceased son - Settlement duly signed by parties - Minor son of predeceased son entitled to share in ancestral property in terms of family settlement - Grandfather entered into agreement to sell..........
Civil Procedure Code, 1908, Order 23, Rule 1-A -- Transposition of defendant as plaintiff - Permissible only if suit is withdrawn or abandoned - Defendant cannot be transposed as plaintiff on the ground that plaintiff had gone abroad...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & Proper parties - Suit for permanent injunction - Application for impleading party as defendant - Applicant necessary & proper party - Although plaintiff has right to choose defendant in suit for permanent injunction, yet he cannot be permitted to omit necessary & proper parties...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - When permissible - Suit for mandatory injunction to cut and remove trees - Defendant alleging encroachment by plaintiff - No counter claim set up in written statement - Application by defendant to appoint LC for demarcating land and to report about encroachment - LC appointed by Trial Court..........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from interfering in possession - Plaintiff not in possession - Suit to be dismissed only on the ground that plaintiff is not in possession - Further finding that plaintiff is not owner is not necessary...........
Specific Relief Act, 1963, Section 38 -- Suit for permanent injunction restraining defendant from interfering in possession - Plaintiff is entitled to sue for mere injunction without adding a prayer for declaration of his rights...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Necessary & proper party - Suit challenging sale deed executed by father - Application under order 1 rule 10 by father for impleading party - Allowed by Trial Court - Order challenged on the ground that suit qua father had become time barred - Suit filed with in the limitation period - After impleadment defendant can take..........
