Rajasthan Rent Control Act, 2001, Section 21(3)(H), Civil Procedure Code, 1908, Order 1, Rule 10 -- Eviction petition - Impleadment of a party - In eviction matters, third party title cannot be decided - `R' was impleaded on ground that he was in possession of shop, eviction of which was sought - Petitioner not found to be a proper and necessary party and he was not..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Amendment sought to plead basic ingredients of S.13(3)(a)(i) of the Act - As no prejudice is being caused to tenant by amendment and he will get adequate opportunity to lead evidence therefore, amendment was rightly allowed in interest of justice..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint cannot be rejected on basis of allegations levelled by defendant in written statement...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court is required to look into averments made in plaint, which alone are germane while exercising power U.O.7.R.11 CPC - In undertaking said exercise, Court is not expected to consider a particular plea and instead, averments made in plaint in entirety have to be taken to be correct...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Once averments made by plaintiff in amended plaint disclose a right to sue, plaint cannot be rejected for want of cause of action by undertaking a detailed analysis of averments made therein and going through documents filed by plaintiff with a tooth-comb to adjudge their correctness or..........
Civil Procedure Code, 1908, Order 16, Rule 1, 6, 7 -- Summoning of witnesses and documents - Failure to establish relevance of witnesses summoned and relevance of document sought to be summoned - Dismissal of applications, upheld...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery as compensation on account of injuries - Relief of recovery of compensation denied by trial Court but granted by first appellate Court - Copy of MLR shows that injuries were present on plaintiff`s both legs - Even, plaintiff was medico-legally examined, duration of injuries was shown to within 6..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Closure of defendant's evidence - Three opportunities were granted to defendants to produce their evidence but they failed to do so - Trial Court justified in closing evidence of defendants - However, be that as it may, denial to adduce evidence may cause serious prejudice to defendants as such one more opportunity is given..........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of petition u/s 9 of Hindu Marriage Act - Cardinal principle of exercise of power u/s 24 of the Code is convenience and inconvenience of the parties - Paramount consideration for exercise of power must be to meet the ends of justice - Convenience of both the parties and not of wife only is to be seen...........
Civil Procedure Code, 1908, Section 24 -- Wife seeking transfer of petition u/s 9 Hindu Marriage Act - Fact that place of trial is 400 Kms away from the place of residence of wife is not enough for exercise of power conferred by S.24 of the Code...........
