Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Parties separate - Documents on basis of which suits are to be decided not same and they have been executed on different dates - No possibility of conflicting judgments in two identical cases - Evidence of plaintiff already concluded - Application filed at a belated stage - No interference with order of..........
Transfer of Property Act, 1882, Section 44, Partition Act, 1893, Section 4 -- 'Dwelling house' - Determination - In the instant case bar of S.44 not attracted as suit land is neither part of plaintiff's house nor appurtenants used by plaintiff - Thus, plaintiff's suit deserves to be dismissed - Legal aspects - Clarified...........
Civil Procedure Code, 1908, Section 100 -- Challenge to directions given by Appellate Court in partition suit - Trial Court dismissed partition suit - Appellate Court decreed suit of plaintiff - appellant and gave directions that Local Commissioner to be appointed by trial Court shall suggest mode of partition, possession of parties shall not be disturbed unless essential..........
Contract Act, 1872, Section 39 -- Repudiation of agreement to sell - Total consideration payable within one month from date of agreement and 18% interest payable on unpaid amount - Defendant declaring that she is not liable to pay interest at contract rate - Plaintiff accepting the repudiation, putting an end to the contract and seeking delivery of possession from..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - Application rejected - Even then plaintiff can move fresh application u/s 151 CPC with a distinction that in case temporary injunction is granted under O.39.Rr.1, 2 then Misc. appeal is maintainable under O.43.R.1 but if an injunction is granted under S.151 then no Misc. appeal is..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Withdrawal of admission - Party has right to plead that admission made was erroneous - If amendment of plaint is not allowed plaintiff will not have the opportunity of showing that the admission made by him was erroneous - Delayed filing of application can be compensated with costs. - Amendment allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Proposed amendment not going to the root of the case - Amendment not necessary to decide the controversy - Facts sought to be introduced by amendment already in knowledge of plaintiff and amendment sought after leading of evidence and at a belated stage after several years - Refusal of amendment needs no..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Amendment sought not going to root of the case nor necessary for decision of controversy - Facts sought to be incorporated by way of amendment already within knowledge of plaintiff but amendment sought after several years - Amendment rightly refused...........
Civil Procedure Code, 1908, Order 6, Rule 14 -- Plaint - All the plaintiff not signing the plaint - Held, suit is maintainable if one of the plaintiffs has signed it...........
Evidence Act, 1872, Section 3, 114 -- Defendant appeared as a witness - As his defence was struck off as such his statement discontinued and closed - Plaintiff had no opportunity to cross examine the defendant - Incomplete evidence cannot be treated as evidence and no adverse inference can be drawn due to absence of cross-examination...........
