Service -- Family pension - Entitlement - Petitioner lost not only her son on account of criminal offence which husband had committed and thereafter he had gone absconding and her right of family pension was also denied, thus, benefit of Civil Court decree has to be granted to petitioner - Moreover, petitioner had filed suit and placed sufficient evidence on record to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Mere no, resulting of prejudice cannot form a ground for allowing amendment as and when sought for - Petitioners have to a lay foundation for allowing such an amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment cannot be allowed merely because there is a possibility of multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to incorporate relief of declaration regarding canal - Plaintiffs had ample clue that defendants would be denying existence of canal - In spite of that plaintiffs chose to restrict their prayer for permanent injunction - There is serious lapse on part of plaintiffs to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Application within 30 days of passing of ex parte decree - Parties engage Advocate and rely on Advocate to take care of their interests, if they are not properly advised by Advocate and when they immediately approach Court within stipulated period of limitation, Court cannot dismiss said..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Land acquired by Acquisition Authority much earlier to the plaintiff purchasing suit property - Proceedings in respect of land would be governed by Land Acquisition Act which is special and comprehensive Act - Remedy even for relief of injunction is not available before civil Court - Order rejecting..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Partition suit - Defendant nos.3 to 5 specifically stated in their written statement that they are having 1/4th share in suit property - Suit dismissed - Defendants can be said to be aggrieved by judgment and decree passed by trial Court dismissing suit for partition - Appeal at the instance of defendants is maintainable -..........
Civil Procedure Code, 1908, Section 9, Punjab Package Deal Properties (Disposal) Act, 1976, Section 16 -- Jurisdiction - Jurisdiction of Civil Court to try matter, was not opposed by appellants during course of arguments, which is reflected in judgment passed by Trial Court - Where question of title to property is involved, it cannot be said that jurisdiction of Civil..........
Civil Procedure Code, 1908, Order 1, Rule 10, Himachal Pradesh Urban Rent Control Act, 1987, Section 2(d) -- Impleadment of a party - Eviction petition - Rent petition was filed somewhere in year 2011 and application for impleadment as a party was filed by present landlord only in the year 2017 - There is no cogent explanation as to what took landlord almost 6 years to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plaint can be rejected as a whole and not in part - It is not permissible to reject plaint qua any particular portion of plaint including against some of the defendant(s) and continue the same against others - If plaint survives against certain defendant(s) and/or properties, O.7.R.11 CPC has no..........
