Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 23, Rule 1, 2 -- Amendment of plaint - Abandonment of suit against defendant No.5 - Plaintiff has right to abandon his suit or part of his claim against all or any of defendants - Trial Court allowed application - Plaintiff will be precluded from bringing any fresh suit against petitioner in..........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Provision of O.18.R.3-A CPC is procedural in nature and cannot be enforced strictly - If there is substantial compliance of provision, that will be sufficient...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - Permission to appear after examination of other witnesses - There is no requirement of filing an application - Permission can be granted orally or by implication...........
Civil Procedure Code, 1908, Order 18, Rule 3A -- Party as its own witness - Permission to appear after examination of other witnesses - After examination of eight witnesses plaintiff tendered his affidavit of examination-in-chief - No objection raised by defendant at that stage - Permission was thus impliedly granted - On the next date of hearing no such objection could be..........
Civil Procedure Code, 1908, Order 7, Rule 11, Specific Relief Act, 1963, Section 34 -- Rejection of plaint - Suit for declaration - Averments in plaint cannot be read as conceding possession of suit property in favour of defendants though there is pleading that attempts were made by defendants to take possession - Not a ground for rejecting plaint based on the proviso to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Agreement to sell unregistered - Even if agreement to sell is required to be registered, it can always be looked into for collateral purposes i.e. to determine the nature of possession - Held, trial Court erred in declining the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Held, Court has got enough powers u/s 151 CPC to undo the illegalities done by the opposite party during pendency..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Defendant directed to hand over possession of suit property to plaintiff - Plaintiff with the help of police can..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Agreement to sell - Possession in pursuance of agreement to sell - Plaintiff in possession on the date of institution of suit - However, during pendency of suit plaintiff dispossessed - Possession ordered to be restored to plaintiff - Plea that in the mean time plot is sold to third party - Held,..........
Civil Procedure Code, 1908, Section 100 -- Second appeal by transferee pendente lite - Maintainability - Suit for specific performance - Purchasers pendente lite, who have not come on record either in suit or during first appeal, have no right to file second appeal independently, in spite of Second appeal filed by their vendor is pending - However, purchasers can seek..........
