Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Specific prayer made in plaint for cancellation of mutation/jamabandi issued in favour of defendant - It is thus, incumbent on plaintiff to have impleaded State Government as a necessary party - Suit held, not maintainable, as necessary party to suit not impleaded...........
Civil Procedure Code, 1908, Section 47, Order 1, Rule 10 -- Execution - Decree of mandatory injunction against daughter-in-law by father-in-law - Objection as to no, impleadment of minor child of daughter-in-law - However, said objection was specifically dealt with by trial Court in application U.O.1.R.10 CPC and rightly dismissed - Even otherwise, property in question is..........
Civil Procedure Code, 1908, Order 15, Rule 5, West Bengal Premises Tenancy act, 1956, Section 14(4) -- Rent and eviction - Striking out of defence - On the ground of arrears of rent - Defendant failed to offer any explanation for non-payment of rent subsequent to August, 2014 or within one month after writ of summons served on defendant - Even, defendant failed to produce..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - In the absence of any substantial question of law arising in appeal the same merits dismissal in limine...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - O.6.R.17 CPC is in two parts: (i) First part is discretionary and leaves it to Court to allow amendment in the pleadings and; (ii) Second part is imperative and enjoins the Court to allow all amendments which are necessary for determining real issue between parties...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments be allowed which satisfies the two conditions, viz. (i) it should not be unjust and result in prejudice against the opposite party and it could not be compensated in terms of cost or would deprive the opposite party for a valuable right which has accrued to him with the passage of time;..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Stage of litigation is a relevant factor for allowing or rejecting amendment in the pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - If prima facie statement made in application for amendment is proved to be incorrect, then such disputed pleadings cannot be allowed to be inserted in the pleadings by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Recovery suit - Typographical error - Difference in mentioning of registration number of truck in question is on the premise of typographical error - Since two of plaintiffs witnesses have been examined and delay in itself is no ground to decline the proposed amendment which is otherwise very essential..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Election petition - As per averments Returned candidate (RC) does not have requisite minimum educational qualification of class VIII to contest election for post of Sarpanch - Mark sheet relied upon by RC is evidently forged and fabricated - Moreover, it does not indicate period during which RC studied..........
