Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading consequent to permission to amend pleading by opposite party - (i) Once a plaint is allowed to be amended, the defendant may also ask for leave to amend the written statement by way of consequential amendment - Ordinarily, this should be the practice to be followed by the Courts permitting amendment in..........
Constitution of India, 1950, Article 226 -- Challenge to orders under Rule 22(2) & (4) of Chandigarh Lease Hold of Sites and Building Rules, 1973 upholding forfeiture when resumption order set aside on ground of stoppage of mis - use - Not tenable - Appellate Authority has jurisdiction to maintain order of forfeiture even if cancellation of lease or resumption of site is'..........
Limitation Act, 1963, Section 3 -- Plea of limitation - Not adversely effected by impleadment of proposed defendants - Plea of claim being barred by time - Limited to impleaded defendants - Civil Procedure Code, Order 1 Rule 10 and Order 22 Rule 2...........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Interest - Suit where question of mortgage involved - Interest would have to be in accordance with provisions of Order 34 Rule 11 and not Section 34 - Governed by contract between the parties...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Conditions precedent to bring bar constituted under Order 23 Rule 23 - A for rendering subsequent suit not maintainable : (i) there has to be a lawful compromise between the parties, (ii) compromise should be in writing and signed by the parties, (iii) such compromise should be recorded in the Court upon the statements of..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Death of defendant before recording of evidence - Decree can be passed on admission in written statement under provisions of Order 12 Rule 6 - Provisions of Order 23 have no application - Bar to maintainability of suit under Order 23 Rule 3A - Not applicable...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Objection that suit barred under Order 23 Rule 3 - A not raised in written statement - Deemed to have been waived even if such objection available as participated in suit proceedings and even in appeal without raising said objection...........
Civil Procedure Code, 1908, Order 21, Rule 32(2) -- Warrants of possession issued by Executing Court on application by decree - holder under Order 21 Rule 32 that there has been violation of decree for permanent prohibitory injunction - Not permissible - Order 21 Rule 32(2) does not empower Executing Court to issue warrant of possession - - Consequences of violating a..........
Court Fees Act, 1870, Section 13 -- Refund of Court - fees paid on first appeal in land acquisition case - Matter remanded for lack of admissible evidence - Sufficient reasons justifying a substantial trial by way of leading proper evidence under order of remand - Parties entitled to refund of Court - fees affixed on Memorandum of Appeal/Cross - Objections - Civil..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Permission of Court - Not a condition precedent - Can be obtained subsequently - Permission of Court can be deferred and can be granted subsequently during pendency of suit - Legislature has in Order I Rule 8 used the expression : "with the permission of Court" - Permission of Court not a necessary must before any step is..........
