Civil Procedure Code, 1908, Section 151 -- Provision of S.151 CPC can be invoked only when there is no specific provision to deal with the issue...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 22 -- Conversion of appeal into cross-objections - There is no specific provision to convert an appeal into cross-objections - But there is equally no specific provision barring such conversion - There is thus, a legitimate case for invoking provision of S.151 CPC and ordering such conversion...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - If O.41.R.22 CPC enables party to file cross-objections, such cross-objections can be rejected as not maintainable only on some legitimate ground showing either that applicant's case does not fall within O.41.R.22 Explanation CPC, or that there is some other valid reason why cross-objection should not be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Where amendment sought to incorporate pleadings from another suit, their relevance cannot be questioned, as they already existed in said suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Explanatory pleadings - Pleadings shall contain only a statement in a concise form of material facts on which party pleading relies for his claim or defence - It should not contain evidence by which he has to prove his claim...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent event - Amendment sought cannot be rejected merely because same had not pleaded in subsequent connected suit, unless same prejudices...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought on basis of previous judicial proceedings - It is a matter of public record - Rejection of such amendment may amount to hyper-technicality - Amendment allowed...........
Civil Procedure Code, 1908, Section 11, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Res judicata - Eviction petition - Previous eviction petition dismissed as erstwhile landlady/deceased sought possession of demised premises which is a commercial property by claiming that it was required by her for `residential purposes' which concerned Courts naturally..........
Civil Procedure Code, 1908, Order 13, Rule 3 -- Admissibility of document - Objection as to admissibility of document can be raised at any stage even in appeal or revision - Decision of trial Court to decide objection at the time of final arguments qua admissibility held, proper...........
Civil Procedure Code, 1908, Section 34 -- Interest - Tribunal imposed interest @ 12% p.a. from date of filing of application till realization but interest would be @ 15% from date of order till payment, in case payment is not made within 60days from order - Held, interest payable @ 12% p.a. in view of observations made by Tribunal with effect from date of filing of claim..........
