Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Erroneous admission - Backing out of admission - Suit for declaration challenging consent decrees - Written statement by two defendants admitting claim of plaintiff - Later on one of the defendant disputing filing of written statement - Application for filing written statement on his behalf -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party Dominant litus - Suit for permanent injunction - Application under O.1 R.10 for impleading as defendant being co-owner - Allowed by Trial Court - Plaintiff has right to choose parties against whom he seeks injunction - Being a co-owner in itself is no ground to be impleaded as party - Interest of applicant..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of co-plaintiff - L.R's not impleaded within time - Suit abated - Setting aside abate - Sufficient cause - In application for impleading L.R's and setting aside abatement date or time of death or knowledge of appellant about the death of deceased plaintiff not mentioned - Appellant negligent so far as proceedings of..........
Civil Procedure Code, 1908, Order 1, Rule 1, 3, 9, Civil Procedure Code, 1908, Order 2, Rule 3 -- Misjoinder of parties or misjoinder of cause of action - Court may exercise the power either by ordering separate trials of the claims, in respect of two or more causes of action included in the same action or by confining the action to some of the causes of action and..........
Limitation Act, 1963, Article 54 -- Suit for specific performance - Limitation - Suit to be filed within three years if time is fixed for performance of agreement - In case time for performance is not fixed then it starts to run when plaintiff had notice that performance was refused...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Power of Court - Code gives power to the court to substitute the correct person as a plaintiff or add parties or strike out parties as plaintiff or defendants, at any stage, if it is found necessary...........
Civil Procedure Code, 1908, Order 2 -- Frame of suits - Scope of - (i) It provides that every suit shall be framed as far as practicable so as to offer ground for final decision upon the subjects in dispute and to prevent further litigation concerning them. (ii) It also insists that every suit shall include the whole of the claim that a plaintiff is entitled to make in..........
Punjab Land Revenue Act, 1887, Section 34 -- Entry in revenue record - Relevance & effect - Revenue records not document of title - Maintained for the purpose of land revenue alone - Entry in revenue record does not provide cause of action to plaintiff to file suit - Cause of action arises when there is threat to the title of suitor. Ibrahim's case 1979 PLJ 469 relied...........
Will -- Suspicious circumstances - Spacing between lines on page three of Will in contrast with spacing between lines of pages 1 and 2 - Not a suspicious circumstance in view of positive evidence of plaintiff supporting execution of Will...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - 'Possession relevant consideration to grant injunction - Suit for declaration that plaintiff owner in possession of suit land - Injunction also sought restraining defendant from interfering in possession - Claim based on enteries in revenue record - Defendant asserted his title and possession over..........
