Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought to explain mode of adverse possession - On plea of adverse possession, already taken, an issue was also framed - Allowing amendment will not affect the right of plaintiff - Amendment allowed...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Issue of jurisdiction and fraud - Objections not within the framework of S.47 CPC - Such objections to be raised in appeal alone - Since J.D. availed all the appeal opportunities, lead to conclusion that presumably they raised the issue of jurisdiction and fraud also but their pleas did not find favour with..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Plea of encroachment of land by defendant - Demarcation of suit land - Encroachment has to be proved by petitioner and for this purpose Local Commissioner cannot be appointed to collect evidence for either party - Nothing on record to suggest that petitioner approached Revenue Authorities for demarcation..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Barred by limitation - Specific issue with regard to limitation framed - Issue of limitation is mixed question of law and fact - Plaint not liable to be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Nothing but a bundle of facts and therefore, cause of action or joinder or misjoinder of party, cannot be made subject matter of exercise of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Trial of suit commenced - Application filed at a much belated stage - Same is not required to be entertained as belated attempt deserves to be discouraged - Application rejected...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 7 -- Appointment of Commissioner - Commissioner appointed only to know exact details of electricity connection - It cannot be inferred that evidence is collected for deciding issue - Application rightly allowed...........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 100, 151 -- Condonation of delay - Delay of 1889 days in filing second appeal - Suit for declaration and permanent injunction - Delay in the case is more than 5 years - No satisfactory or plausible explanation rendered, which might have been taken into consideration to condone delay - Moreover,..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - Lesser relief or smaller version of relief claimed or prayed for can be granted...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Defendants filed number of applications to place on record certain documents which were not on record of trial Court - No explanation given as to why documents were not filed in trial Court - Even no application filed U.O.41.R.27 CPC for leading additional evidence before first..........
