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..........
Limitation Act, 1963, Section 12(4), Article 76, Civil Procedure Code, 1908, Order 7, Rule 1 -- Malicious prosecution - Suit for damages - Limitation prescribed is one year - Exclusion of time in legal proceedings - Order of acquittal passed on 23.04.2014 and suit for compensation instituted on 23.06.2015 - Nothing on record in regard to the time consumed in obtaining..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - To be a substantial question of law, a question of law must be debatable, not previously settled by law of land or binding precedent and must have a material bearing on decision of case, if answered either way, insofar as rights of parties before it are concerned...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Decree to hand over vacant possession of premises - Defendant was directed to pay mesne profits of Rs.7000/- per month as use and occupation charges till delivery of possession - In an appeal order as to status quo as regards possession was passed - Defendants enjoying premises without paying a single penny to plaintiff..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Ex parte divorce decree - Setting aside - Wife not served with summons and her signatures were obtained on blank papers by her husband and later on misused by converting them into a power of Attorney on her behalf - She came to know of ex parte divorce decree obtained against her by husband only after his death..........
Civil Procedure Code, 1908, Order 26, Rule 10, 12, 14 -- Distinction between Order 26.Rr.10, 12 & 14 - While Commissioner contemplated U.O.26.Rr.10,12 are those appointed during the trial of suit whereas Commissioner U.O.26.R.14 is one appointed after passing a preliminary decree in partition...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issues - O.14.R.5 CPC empowers Court to frame an issue not only on basis of plaint and written statement but also on basis of material before it after examination U.O.10.R.2 CPC and after hearing parties and their pleaders and thereupon proceed to frame and record issue on which right decision of case appears to..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - An issue can be framed on admitted fact, if considered necessary by Court and therefore even in absence of replication issue can be framed...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Duly verified replication filed, without accompanying an affidavit, as required U.O.6.R.15(4) CPC does not mean that it is incomplete...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of an issue - At the time of consideration U.O.14.R.1 CPC for framing issues, pleadings are to be seen only and filing or no, filing of affidavit in support of pleadings which is independent of pleadings is not material as it is curable technical defect...........
