Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Amendment sought to introduce word `not' in the lines which read that partition of the land is with the consent of co-sharers - Application dismissed due to lack of expression "despite due diligence" - Held, mere technicalities should not come in the way of parties seeking relief..........
Civil Procedure Code, 1908, Section 96(2), Order 9, Rule 13 -- Appeal u/s 96 CPC - Is maintainable against ex parte decree, notwithstanding dismissal of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 43, Rule 1, Civil Procedure Code, 1908, Order 9, Rule 13 -- Appeal - When an application U.O.9.R.13 CPC is dismissed, defendant can prefer appeal in terms of O.43.R.1 CPC - Once such an appeal is dismissed, appellant cannot raise the same contention in first appeal...........
Civil Procedure Code, 1908, Order 41, Rule 17(1) -- Appeal - Absence of counsel for appellants on date of hearing - Dismissal of appeal on merits, illegal...........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Plaintiff not required to implead all co-owners as party defendant - It is sufficient for plaintiff to implead only those co-owners from whom he has any threat of his forcible possession. (Civil Procedure Code, 1908, O.1.R.9)..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for mandatory injunction - Illegal construction over common wall - D.H. himself not allowing demolition of wall on the ground floor as it will result into collapse of house of J.D. and also house of decree holder - Even assuming that said wall belongs to D.H. even then Executing Court was to first find out..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principle of res judicata is not mere technical doctrine - It is fundamental in our legal system so that there is an end to all litigation, being public policy of Indian law - Exception to doctrine of res judicata is that it cannot impart finality to an erroneous decision on jurisdiction of a Court...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - An erroneous judgment on a question of law, which sanctions something that is illegal cannot be allowed to operate as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Plea of res judicata - At the appellate stage - Issue as to res judicata was not struck between parties and both the parties argued the matter based upon pleadings and judgment contained in two suits - It is only after full arguments on both sides that trial Court accepted respondent's plea of res judicata - Even before appellate..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Until limitation period for filing an appeal is over, res remains sub judice - After limitation period is over, res decided by first Court would then become judicata...........
