Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for specific performance - Whether there existed concluded contract between parties or not, is itself a matter for trial to be decided on basis of evidence that may be led - Part of consideration amount not paid by plaintiff - Balance of convenience is in favour of defendants on account of..........
Civil Procedure Code, 1908, Order 7, Rule 14(3), Civil Procedure Code, 1908, Order 18, Rule 17 -- Late production of documents - Documents annexed with application have already been tendered in evidence and got exhibited - Defendants already received the costs as directed by trial Court - No interference warranted in impugned order of allowing application...........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of pleadings - After trial has begun - No absolute embargo on Court from entertaining applications for amendment of pleadings even after trial had begun - But O.6.R.17 Proviso CPC merely places a qualified restraint in exercise of such power, which is obviously to ensure that irrelevant, unnecessary and frivolous..........
Civil Procedure Code, 1908, Order 6, Rule 17 - - Amendment of plaint at appellate stage - Amendment sought will help in identification of property - Amendment will not change the cause of action or alter the subject matter - Subject matter of suit will remain the same except that its boundaries would not stand specified thus leading to the dispute between parties to be..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Opportunity to plaintiff to lead evidence in rebuttal could be granted only qua those issues where burden of proof lay upon defendants and where plaintiff had reserved his right of rebuttal in absence of which his right of leading evidence in rebuttal stands extinguished...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10A -- Abatement of proceedings - Proceedings before Land Tribunal - Death of respondent no.6 - Application for substitution of LRs of respondent no.6 though filed belatedly but was allowed - Land Reforms Act is a beneficiary legislature and application cannot be rejected on technicality - In fact if any proceeding abates,..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of written statement - Dismissal of application by trial Court - Eviction petition - As per record tenants have taken a categoric stand that registered sale deed in favour of landlady is a sham transaction - However, by way of amendment in written statement..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - To entitle a party to a decree in terms of O.12.R.6 CPC, admission must be categorical, unconditional and unequivocal...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Where even if plaintiff admitted existence of title in favour of defendant No.9/applicant, that cannot per se disentitle him to an opportunity to prove his case at trial - There is no unequivocal or categorical admission in favour of defendant No.9 - As regarding relief of declaration sought, same are..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as proforma respondent in first appeal - Petitioners were neither party in main civil suit nor they moved an application for being impleaded as a party therein - Names of petitioners were not recorded in column of possession in Jamabandi since 1951-52 - Moreover, petitioners already filed a suit in which relief is..........
