Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objections by vendee lis pendens - Petitioner purchased suit property after decree passed by civil Court, thus, he purchased the same on the basis of calculated risk - Objections filed by petitioner cannot be entertained, as all vague and frivolous objections need not be decided by following proper procedure in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought when suit reached the stage of defendant's evidence - Merely, under the pretext that defendant did not have documents handy at the time of filing the written statement, he can not claim any right to amend the written statement, at such a belated stage, particularly when trial..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Amendment of written statement with prayer to place certain documents on record in conformity with the proposed amendment - Amendment of written statement declined - Any documents concerning said amendment also cannot be taken on record - Dismissal of application calls for no..........
Civil Procedure Code, 1908, Order 22, Rule 3, 5 -- Substitution of party - Requirement of conducting enquiry - Suit for permanent injunction - Plaintiff already mentioned in plaint the fact of his two sons carrying on business along with him - On death of plaintiff-father, right to sue survives with the sons on the basis of averments made in the plaint - No need to conduct..........
Civil Procedure Code, 1908, Order 41, Rule 22, Limitation Act, 1963, Section 5 -- Appeal - Cross-objections - Limitation to file cross objections starts to run from date of service of notice of appeal - Cross-objections not filed within statutory period of 30 days after service of notice upon party - Even, despite there being an application for condonation of delay, same..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for specific performance and damages of double the advance price paid was dismissed - Subsequent suit for recovery of advance paid - Cause of action in subsequent suit for refund of advance amount accrued in favour of plaintiff only when earlier suit for specific performance and damages..........
Civil Procedure Code, 1908, Section 96 -- Dismissal of appeal "as not pressed" - Right of appeal is a valuable right of a litigant - He is entitled to prosecute this right as it enables him to seek adjudication of issues on merits, which are subject matter of appeal by Appellate Court - Appellant can, however, forgo such right but it has to be done with express authority..........
Civil Procedure Code, 1908, Section 96 -- Dismissal of appeal "as not pressed" - Neither there was any express prayer made by appellant and nor it could be inferred from document relied on by Division Bench at the instance of respondents for forming an opinion "not to press the appeal" - Opinion formed by High Court for dismissing appeals "as not pressed" had no basis -..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Revisional jurisdiction of High Court is very limited and same is not akin to appellate jurisdiction - Revisional jurisdiction can be exercised when it is noticed by Court that subordinate Court has exercised jurisdiction not vested in it by law or failed to exercise jurisdiction so vested or has acted in..........
Civil Procedure Code, 1908, Section 115 -- Revisional jurisdiction - Concurrent findings - Appreciation of evidence - Suit for recovery of money - Trial Court clothed with jurisdiction to try the suit decreed the suit on appreciation of evidence - Subsequently, appellate Court also examined the matter de novo and fully concurred with the findings and conclusions of trial..........
