Civil Procedure Code, 1908, Section 151, Order 41, Rule 27 -- Additional evidence at appellate stage - Suit for specific performance - No evidence on record as to why plaintiff had not been able to lead evidence in trial Court - No good grounds were made out to allow this application at belated stage - Moreover, suit was filed 25 years ago and defendant has three..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought at belated stage i.e after closing of plaintiff's evidence - By itself not a ground to decline it particularly when amendment is necessary for determining real controversy between parties and which does not change the basic nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for possession - Amendment sought to add preliminary objection regarding jurisdiction of civil Court to entertain suit as matter relates to consolidation - Proposed amendment would not change nature of case and is necessary for determination of real question in controversy though filed at..........
Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Application to appoint local commissioner to note physical features of suit property sought at the stage of arguments - At this belated stage the relief of this nature cannot be granted...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Necessary party can be impleaded at any stage of the suit for effective adjudication of controversy involved in the suit - Mere fact that application is moved at belated stage is no ground to decline impleadment...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleading of a party and consequential amendment of plaint - Impleading of one of the legal representatives of deceased vendor - Defendant in written statement had taken a plea that suit is bad for non joinder of such legal representative - Proposed party is necessary party to..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Declaratory suit without seeking necessary consequential reliefs in terms of S.34 of Specific Relief Act - Where plaintiff can seek relief other than a mere declaration of title, but omits to do so, plaintiff shall be precluded from seeking such consequential reliefs at a belated stage and Court would..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - If there is any prejudice to opponent by allowing an amendment, even at belated stage of suit then prejudice of such party can be met with cost...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment - Sought in counter claim at the stage of judgment - Amendment sought in counter claim by substituting "mandatory injunction" by "possession" - Neither there is any whisper as to why amendment is sought at the belated stage nor there is any assertion in application that in spite of due diligence defendant could not..........
Civil Procedure Code, 1908, Order 26, Rule 9, Civil Procedure Code, 1908, Order 41, Rule 27 -- Appointment of local commissioner - Demarcation of suit land - Demarcation report was already carried out strictly as per statement of PW3 - Objection to demarcation report was not filed by defendant no.1 - At this belated stage, appointment of Local Commissioner cannot be..........
