Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Written statement - Amendment - By way of amendment, petitioner/tenant took completely new stand and has tried to resile from his earlier admission made in his original written statement - Record showed that respondent/landlord already concluded his entire evidence and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Recovery suit - Impleadment - No claim filed against petitioner - Held, they cannot be considered as necessary party - Application for impleadment filed by petitioners rightly dismissed - Revision dismissed...........
Succession Act, 1925, Section 63, Civil Procedure Code, 1908, Order 1, Rule 10 -- Grant of succession certificate - Impleadment - Revision petitioners have come out with serious objections questioning very authority of Committee which was allegedly formed before ever succession certificate is issued to respondent-committee - Original Will also in custody of revision..........
Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947, Section 29(3), Maharashtra Rent Control Act, 2000, Section 34(4), Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Unconditional withdrawal of suit filed under Rent Act - Application for unconditional withdrawal of suit - Rejection of application by trial Court - Revision against - Maintainability - Held,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Permissibility - First appellate Court dismissed amendment application on the ground that plaintiffs got knowledge about the relevant facts long prior to filing of suit and they cannot seek amendment now - Challenge thereto - Held, by virtue of taking place of subsequent events, necessary amendment can be..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Non-compliance of - Striking of defence - Application of landlord/revisionist for striking of defence of defendant due to no, compliance by tenant, U.O.15.R.5 of CPC has been rejected by observing that defendant has defaulted in complying with provisions contained in O.15.R.5 of CPC but has held that whether this default is..........
Civil Procedure Code, 1908, Section 115 -- Revisional powers - Exercise of - Delay and laches - Revision applicants did not file any application for condonation of delay in revision proceeding - Observation of revisional authority that there is no time limit or limitation provided for filing revision application - Held, observation is contrary to law - In absence of any..........
Civil Procedure Code, 1908, Order 41, Rule 3A(1)(2) - - Appeal - Filed beyond limitation - If a revision or appeal is filed beyond period of limitation as prescribed under law then that has to be accompanied with an application u/s 5 of Limitation Act supported with an affidavit disclosing the reason for not approaching Court well within the time, and in absence of such..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 41 -- Ex parte decree - Setting aside - Application U.O.9.R.13 CPC dismissed - Appeal also dismissed - Revision pending in High Court - Defendant also filed appeal against ex parte decree - Held, first appellate Court can still hear and decide appeal during pendency of revision in the High..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 1515 days - Imposition of cost - Held, taking into account the huge delay in filing the application U.O.9.R.13 CPC, the awarding of a sum of Rs.1,500/- (one thousand five hundred) would not meet the ends of justice and it could..........
