Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of encroachment to an extent of 20 guntas sought to be amended by 30 guntas - Question of alleged encroachment and extent of alleged encroachment are issues to be decided at the stage of final disposal of suit - At the time of considering application for amendment, merits of proposed amendment..........
Civil Procedure Code, 1908, Section 151 -- Ex parte decree - An aggrieved party has right to get ex parte judgment and decree set aside u/s 151 CPC...........
Criminal Procedure Code, 1973, Section 156, 482 -- Transfer of investigation to agency outside State - Special Investigating Team headed by DSP already constituted - Investigation still pending - Civil suits with respect to same dispute are also pending - In these circumstances, Court does not find any good ground to transfer investigation as prayed for - Even otherwise,..........
Civil Procedure Code, 1908, Order 22, Rule 4A -- Death of defendant - Defendant No.2 died issueless - Benefit of O.22.R.4-A CPC rightly given to plaintiff...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendants - Defendant Nos. 1 and 3 died and had neither put in appearance nor had filed any written statement - Plaintiffs thus, entitled for allowing of their application giving benefit of O.22.R.4 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Provision of O.41.R.27 CPC is applicable to appeal filed u/s 108 r/w O.43.R.1(r) CPC...........
Civil Procedure Code, 1908, Section 108, Order 43, Rule 2 -- Appeal - Expression `so far as may be' used in O.43.R.2, S.108 CPC has always been construed to mean that provisions may be generally followed to the extent possible...........
Civil Procedure Code, 1908, Order 41, Rule 27, Civil Procedure Code, 1908, Order 43, Rule 1(r) -- Additional evidence at appellate stage - Application decided at a stage prior to consideration of appeal on merits - Satisfaction that proposed additional evidence was required for deciding appeal in a satisfactory manner by Appellate Court not manifested in impugned order of..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Documents filed along with plaint are required to be taken into consideration for deciding application U.O.7.R.11(a) CPC - When a document is referred in the plaint then it forms the basis of plaint and it should be treated as a part of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas taken by defendant in written statement cannot be taken into consideration for deciding application U.O.7.R.11 CPC...........
