Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All bona fide amendments are to be allowed - Effect of amendment is to be seen at the time of final adjudication of case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment is just an elaboration of facts already pleaded in original written statement - Effect of amendment is to be seen at the time of final adjudication of case - Admittedly, no prejudice is to be caused by allowing proposed amendment - Amendment allowed...........
Civil Procedure Code, 1908, Order 32, Rule 2 -- Property of minor - Suit filed by next friend - Non-impleadment of minor children - Petitioner who is major, himself claiming A-Schedule property in suit - Merely because in suit petitioner also sought relief for B-Schedule Property, which he claims to be belonging to his minor children, Court below could not have directed..........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Pleadings - Party is not expected to state provisions of law in its pleading...........
Civil Procedure Code, 1908, Section 47 -- Execution - Decree whether discharged or satisfied - To be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands without adding anything to it...........
Civil Procedure Code, 1908, Section 47, 115 -- Execution - Appointment of Chartered Accountant by High Court for the purpose of determining as to whether decretal debt is satisfied - Issue as to whether decree has been discharged or satisfied has to be determined by Executing Court u/s 47 CPC - Executing Court must execute decree as it stands without adding anything to it..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Section 5, 14, Haryana Panchayati Raj Act, 1994, Section 176 -- Election petition - Bar of limitation - Election petition under S.176 Haryana Panchayati Raj Act has to be filed within 30 days of the date of declaration of results - In the instant case election petition filed was allowed to be withdrawn and..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte order - Setting aside - Tribunal rejected application of petitioner on ground that despite knowledge of case pending against him he has gone to work at place `M' - Reason given by Tribunal is not justified as petitioner failed to contest proceedings before Tribunal due to communal clashes having taken..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Subsequent added defendant - Neither filed written statement nor adopted written statement of any other defendant - At a later stage wanted to adopt written statement filed by defendant No.6 - Inspite of the delay application allowed looking to subject matter of suit and pleadings already taken - However,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal - Appeal dismissed...........
