Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - Suit can be instituted without service of notice with `leave of Court' - Order granting leave should reflect application of mind by the Court to the requirements of the provision...........
Evidence Act, 1872, Section 118, Civil Procedure Code, 1908, Order 3, Rule 2 -- Persons competent to testify - Evidence of child - Even children who are exclusively managing affairs of their old and infirm parents can give evidence on their behalf even with regard to their principal's state of mind or conduct such as regarding bona fides or readiness and willingness...........
Civil Procedure Code, 1908, Order 3, Rule 2 -- Title to property - Where title to property is in issue and is based on registered documents and Civil Court decrees as in the instant case, there is nothing wrong if a biological daughter can give evidence on behalf on her aged and infirm parent...........
Civil Procedure Code, 1908, Section 2(2) -- Decree - Where an order has effect of bringing about a finality to rights of a party such an order is a decree and only an appeal would lie against said order...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint is a decree within meaning of S.2(2) CPC - Only an appeal u/s 96 CPC would lie against such an order - Revision against the same is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-maintainability of suit cannot be entertained under the scope of O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Maintainability of suit and limitation - Can be decided only when parties lead evidence - Perusal of plaint does not give rise to any prima facie conclusion that pleadings are manifestly vexatious and baseless - Case does not fall under the ambit of O.7.R.11 CPC on the basis of wanting cause of action..........
Agreement to sell -- Decree of specific performance - Review - Plea for review of decree on account of appreciation of value of suit property by passage of time - Plaintiff paid not only the entire sale consideration but also the registration expenses - No case is made out that sale deed could not be executed because of some lapses on part of plaintiff - On the contrary,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - New fact cannot be permitted to be incorporated - It is only such amendment which shall have a co-relation to initial pleadings of parties and which is necessary for adjudicating real question in controversy that can be permitted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiff has taken plea of inadvertence and typing mistake in her application for amendment - Addition of a new paragraph by no stretch of imagination can be said to be a typing mistake - Plea of inadvertence sought to be raised by plaintiff in view of proceeding in title suit also must fail - Moreover,..........
