Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to incorporate relief of declaration to challenge sale deeds executed by defendants - Plaintiff came to know about said sale deeds from the written statement of defendants - Amendment sought by plaintiff not barred by limitation - Though plaintiff can file..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of pleadings - Amendment beyond limitation should not be allowed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will and gift deed in favour of defendant Nos.1 & 2 - Said Will and gift deed was never in the knowledge of plaintiff and he came to know of this fact first time from the written statement of defendants - Moreover, said documents were not in the possession..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act - However, same is undoubtedly an..........
Civil Procedure Code, 1908, Order 21, Rule 106(3) -- Execution petition - Dismissed in default - Restoration - Limitation - 30 days - Starting point of limitation is date of said order and not from date of acquiring knowledge about dismissal of execution petition...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 21 -- S.5 of the Limitation Act is not applicable to any of the provisions of O.21 CPC...........
Civil Procedure Code, 1908, Order 41, Rule 1(1), (2) -- Appeal - Defective appeal on one or the other ground or is presented beyond period of limitation - Such appeal is called irregular, incompetent, unmaintainable appeal - However, such an appeal is an appeal in eye of law for all practical purposes and it is not non est - Dismissal of appeal on whatever ground is a..........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application to condone delay - Appeal stands dismissed - An appeal presented beyond time is an appeal in the eyes of law for all purposes and an order dismissing appeal on whatever ground is a decree that can be..........
Civil Procedure Code, 1908, Order 41, Rule 9, Limitation Act, 1963, Section 5, Constitution of India, 1950, Article 227 -- Appeal - Filed alongwith application for condonation of delay - Dismissal of application - No order passed that appeal also stands dismissed - Writ petition against order dismissing delay condonation application - Held, writ petition is not..........
