Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Rejection of application - Appellate Court has observed the empty formality of noticing the contentions of the parties and rejected the application mechanically - Order of appellate Court, not justified...........
Civil Procedure Code, 1908, Order 22, Rule 4(2) -- Legal representative - Substituted legal representative can take additional defence, which is available/permissible to him or which has accrued to him after the death of original defendant and/or new facts/development which emerges as a result of his character or status as such legal representative...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - A person inheriting the property or the litigation cannot seek amendment merely because he claims to be more prudent than his propositus or predecessor, at least when it comes to facts...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2 -- Amendment of written statement - A substituted legal representative can neither entirely disown the written statement filed by his predecessor nor can upturn the earlier stand by bringing in entirely a new case...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 22, Rule 2, 4 -- Amendment of written statement - Suit for injunction - Entire defence of deceased defendant was based on possession - If amendment sought by substituted defendant is allowed, it would amount to challenging even the title - Amendment cannot be allowed - Order calls for no..........
Civil Procedure Code, 1908, Section 24, Hindu Marriage Act, 1955, Section 13 -- Divorce petition filed by husband - Transfer of petition - Wife lodged FIR u/ss 406, 498-A IPC and initiated proceedings under Domestic Violence Act and u/s 125 Cr.P.C. against husband at Jalandhar - Thereafter husband filed petition u/s 13 Hindu Marriage Act at Ludhiana - Wife having no..........
Civil Procedure Code, 1908, Order 21, Rule 22 -- Execution - Show cause notice U.O.21.R.22 CPC - When an application for execution is filed within 2 years of date of decree, no notice is required to be sent to JD...........
Court Fees Act, 1870, Section 4, Civil Procedure Code, 1908, Section 149 -- Deficient court fee - S.149 CPC is to be read as a proviso to S.4 of Court Fees Act - Court can fix a period of time in which deficiency in Court fee can be made good...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PW1 for further cross-examination - Case was adjourned for 9 times for defendants evidence - On 10th occasion, present application came to be filed by defendant no.3 - Defendant no.1 already cross-examined PW1 - Both the advocates for defendants were present in Court at the time of cross-examination of PW1 - During..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot be cured by impleading them..........
