Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Defendant has right to file amended written statement to the amended plaint, as otherwise it would prejudice the defendant, which would not be in the interest of justice...........
Civil Procedure Code, 1908, Section 35B -- Non-payment of costs - Prayer for further cross examination of PW1 at the instance of defendant rightly rejected...........
Civil Procedure Code, 1908, Section 96(4) -- Appeal - Recovery suit - No question of law arises for consideration - It is only an appeal u/s 96(1) CPC which lies...........
Civil Procedure Code, 1908, Order 16, Rule 10 -- One opportunity granted by High Court to conclude evidence by producing all witnesses on their own responsibility by taking dasti summons - Process issued and summons duly served upon witnesses - Non appearance of served witnesses - In such situation Court is under legal obligation to secure the presence of served witnesses..........
Civil Procedure Code, 1908, Order 16, Rule 10 -- Summons to witnesses - Non-appearance - Where served witnesses do not appear in Court despite service, Court is required to secure presence of witnesses by way of coercive method in terms of O.16.R.10 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - While deciding applications for amendments, Courts must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide, worthless and dishonest amendments - No infirmity in impugned order of allowing application for amendment of plaint -..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Partition suit - No dispute regarding possession over plot in question - Application filed just for purpose of delaying proceedings of appeal - No infirmity found in impugned order of rejecting application for appointment of local commissioner...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Once the document is presented for registration, executing Court ought to allow the authority under Registration and Stamps Acts to discharge their duty and function...........
Civil Procedure Code, 1908, Order 21, Rule 34 -- Execution - Presentation of document for registration - Suit for specific performance - Executing Court presents document for and on behalf of judgment debtor - Merely because the document is presented by Court, Sub-Registrar is not under obligation to mechanically accept such document for registration - Registering..........
Civil Procedure Code, 1908, Order 21, Rule 66(2) -- Auction sale - Proclamation - Material mis-description of property in a sale proclamation would vitiate sale...........
