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..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Demarcation done with a measuring tape when as per rules it should have been conducted with a Zarib - There is possibility of some inaccuracy in dimensions of measuring tape, which stands ruled out if demarcation is conducted using a Zarib - Such type of report which is not proper..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Only revenue officer who was entrusted with task of carrying out demarcation and who had actually done so at the spot could have deposed that he did that as per High Court Rules and Orders and as per instructions of Financial Commissioner and testimony of no other person including..........
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 20, Rule 19 -- Counter Claim - Civil suit and counter claim were disposed of vide composite judgment and decree - Appellant challenged decree passed in favour of respondent and dismissal of counter claim - There is no requirement to file separate appeal to challenge counter claim which was in..........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Compromise decree - Bar contained u/s 96(3) CPC would not get attracted, where Court records some part of compromise while declined to record remaining part - Said principle would also apply to appeals from appellate decrees in view of O.42.R.1 CPC r/w S.108 CPC...........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Compromise decree - Bar contained u/s 96(3) CPC would not come in way of petitioner filing second appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 96(3) -- Appeal - Compromise decree - Bar contained u/s 96(3) CPC - Where party disputes being signatory to compromise or compromise decree is challenged on ground of fraud, undue influence or misrepresentation, bar stipulated u/s 96(3) CPC, would not come in way of filing an appeal - It is also open to such party to file a regular civil..........
