Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Prayer for amendment of plaint and prayer for amendment of written statement stand on different footings - Addition of a new ground of defence or substituting or altering a defence or taking inconsistent pleas in written statement would not be objectionable - Whereas adding, altering or substituting a..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Only reason sought to be ascribed for seeking amendment in written statement is that advocate who filed said application was recently engaged by defendant no.2 and after perusal of record and pleadings, he realised that certain amendments in written statement were required - However,..........
Civil Procedure Code, 1908, Section 96, 100 -- Appeal - Condonation of delay in filing appeal - Applicability of S.5 of Limitation Act - Since there is a specific provision governing the field for condonation of delay in filing appeal as stipulated in O.41.R.3-A CPC, provision of S.5 of Limitation Act cannot be invoked...........
Civil Procedure Code, 1908, Section 41, Limitation Act, 1963, Section 5, Article 137 -- Condonation of delay in filing appeal - Limitation - Provision of Art.137 of Limitation Act is applicable to an application filed U.O.41.R.3-A CPC - Invocation of S.5 of Limitation Act to condone said delay beyond 3 years as stipulated u/art 137 of Limitation Act is automatically..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of pleadings - After commencement of trial - Trial commences from the date of filing of affidavit in lieu of evidence of witnesses and application seeking amendment in plaint after filing of said affidavit would be governed by O.6.R.17 proviso CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Proviso - Amendment of plaint - Divorce petition sought to be amended by adding a prayer of declaration that marriage is null and void which ground was available at the time of filing of divorce petition - Amendment sought after nine years after trial has commenced - Failure to demonstrate that in spite of due diligence he..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed filed on two grounds i.e on basis of non-payment of sale consideration and on the ground of fraud - Even if suit is not maintainable on the ground of non-payment of sale consideration - However, there cannot be partial rejection of plaint, as plaintiff is seeking..........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Commissioner - Neither it is open to Commissioners to record any finding with regard to possession of suit land nor to record statements of witnesses to ascertain as to which of party is in possession of suit land - However, Commissioner is well within his jurisdiction to submit a report as regards physical features existing..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Injunction against dispossession - Plaintiff being real owner is seeking injunction against his dispossession without prima facie showing that he is in possession of portion of suit land - Proper course for plaintiff is to file a suit for possession or mandatory injunction against defendants who are..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Decree passed with direction to petitioner to remove obstruction on approach road and further restraining petitioner from causing obstruction to plaintiff's right of way - Said decree makes a reference to a map in which road is shown - Entire dispute revolved around the access road leading from..........
