Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication - Non-filing of replication - Does not amount to deemed admission of fact in written statement...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - If a civil remedy is available and is in fact adopted, there can be no hesitation to quash criminal proceedings to prevent abuse of process of Court...........
Civil Procedure Code, 1908, Section 11, Specific Relief Act, 1963, Section 6 -- Principle of res-judicata - Has no applicability when a suit u/s 6 SRA is instituted...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Findings of fact - Suit for permanent injunction - House in question was ancestral and predecessor-i, interest of plaintiff and uncle of plaintiff were real brothers - Half of house thus, come in the share of plaintiffs - Defendant thus, directed to handover vacant possession of disputed portion of house - No..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - First Appellate Court decreed the suit - No substantial question of law arises for decision in the case - Second appeal is concluded by findings of facts and thus, accordingly dismissed...........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Third party objections - Petitioners remained unsuccessful in an application U.O.1.R.10 CPC - Once order rejecting application U.O.1.R.10 CPC is accepted by petitioners they cannot resist execution in question in any manner...........
Civil Procedure Code, 1908, Section 24 -- Transfer of rent petition - Shop in dispute purchased by counsel of petitioner in name of his wife from landlord during pendency of suit for eviction - Keeping in view narration of facts in transfer application, the apprehension expressed by petitioners cannot be termed to be baseless or without any justifiable reason - It will be..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Non denial of contentions in the written statement - Does not amount to admission at all...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Replication/Rejoinder - Pleadings by way of reply/replication to the contentions in the written statement would prejudice none - Conversely, denial of leave is likely to prejudice plaintiff although non denial by him of the contentions in the written statement would not amount to their admission at all...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Plaintiff by way of amendment of plaint sought to introduce additional properties in the suit - She explained that despite due diligence she did not have knowledge of properties now sought to be introduced to prayer column of plaint in due course - No prejudice will be caused to other..........
