Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for possession dismissed as plaintiffs were not able to prove the termination of tenancy before filing the said suit - Although plaintiffs asserted that notice had been sent but service of notice on tenant was not proved - Subsequent suit for possession is not barred on account of res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 10A(2) -- Lack of territorial jurisdiction - Return of plaint - Plaintiff not specified the Court where they propose to present plaint on its return - Order of return of plaint could not have served any purpose - Dismissal of suit, held, proper...........
Civil Procedure Code, 1908, Order 7, Rule 10A(2) -- Lack of territorial jurisdiction - Return of plaint - O.7.R.10-A(2) CPC, oblige the plaintiff to make an application to Court specifying the Court in which he proposes to present the plaint after its return...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - To seek relief of specific performance by way of counter claim on the basis of agreement to sell - Agreement to sell in favour of defendant executed by original owner in 1983 - Amendment sought in 2015, when defendant came to know about the death of original owner and his heirs refused to..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Absence of pleadings - Bona fide purchasers - Suit for specific performance - Defendant Nos. 2 and 3 neither pleaded that they are bona fide purchasers nor they have led any evidence in this regard - Since there was no pleadings, therefore, no issue was framed by trial Court on this aspect - Plaintiff was not required to prove..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Not permissible on the basis of plea in written statement which can be rebutted by plaintiff in replication...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file afresh suit on the same cause of action - Purpose of O.23.R.1(3) is not to allow parties to fill up lacuna - Formal defect and sufficient cause have to be culled out from the averments which are so made by applicant in an application filed under the said provision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment allowed on following grounds: (i) proposed amendment is on facts and defendants in substance seek to elaborate facts originally pleaded in written statement; (ii) it is in nature of amplification of defence already taken; (iii) it does not introduce any new defence compared to what..........
Civil Procedure Code, 1908, Order 7, Rule 7 -- Relief - When a party makes a larger claim but deserves only a smaller relief, Court in the interest of justice, can grant the same though not asked for but converse is not the rule...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Objections raised on facts - Cannot be enquired into execution proceedings...........
