Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - It is basic fundamental principle of civil jurisprudence that even when some procedural irregularities occurred during course of granting substantive reliefs to the parties, Court has got ample power to mould the relief in order to avoid multiplicity of proceedings between the parties...........
Civil Procedure Code, 1908, Order 41, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Stay of injunction order - Ad interim injunction order was passed against subsequent purchaser/applicant, as defendant/vendor sold the agreed property to him - It is evident that applicant would be parting with right, title and possession of a part of suit property by creating..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the stage when evidence of plaintiffs was yet to start - Nature of suit was also not going to be changed nor any other alleged accrued right in favour of defendants was likely to be prejudiced - Amendment sought to avoid multiplicity of litigation between parties - Moreover, an..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Cannot be allowed on the ground of multiplicity of defendants - Such is not a ground to permit application seeking substituted service...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Pre-trial amendments which address real controversy between parties in suit are not to be disallowed ordinarily, because it prevents multiplicity of suits, unless it seriously prejudices interest of other side...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - While deciding an application for amendment, ordinarily Court should not refuse bona fide, legitimate, honest and necessary amendments and should not permit mala fide and dishonest amendments, because purpose and object of O.6.R.17 CPC is to allow either party to alter or amend his pleadings in such..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plea of execution of Will in written statement - Amendment of plaint sought to add relief for declaring said Will to be null and void - No material on record that plaintiff had knowledge of said Will at the time of institution of suit - Amendment allowed to avoid multiplicity of suits...........
Constitution of India, 1950, Article 226 -- Remedy under Art.226 of the Constitution is extra ordinary and discretionary - Conduct of parties is relevant - A party having several remedies for the same cause of action, must elect his remedy and cannot be permitted to indulge in multiplicity of actions - Exercise of discretion to issue a writ is a matter of granting..........
Constitution of India, 1950, Article 226 -- Remedy under Art.226 of the Constitution - Multiple proceedings - A party having several remedies for the same cause of action, must elect his remedy and cannot be permitted to indulge in multiplicity of actions - In the instant case High Court declined to interfere as appellant was pursuing multiple proceedings for the same..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and injunction - Petitioner purchased property from plaintiff prior to institution of suit - Said property included in scheduled property - If suit of plaintiff is decreed it will affect right of petitioner - Petitioner is absolute owner of scheduled property - Moreover, if..........
