Civil Procedure Code, 1908, Section 11 -- Res judicata - Validity of gift deed in earlier suit for injunction though left open by trial Court to be decided in separate suit but appellate Court proceeded to consider the validity and genuineness of gift deed by upholding the same - Appellate Court did not make any reservation as was made by Trial Court - Finding regarding..........
Civil Procedure Code, 1908, Order 10, Rule 4 -- Scope and ambit of O.10.R.4 - Purpose is to ensure the party to answer any material question relating to suit when same was refused by pleader or pleader is unable to answer the same - It is a condition precedent and it cannot be extended to deprive or strike off the defence available to defendant on any ground other than one..........
Civil Procedure Code, 1908, Order 10, Rule 4 -- Scope - Directing the parties to appear for exploring chances of settlement does not come under the purview of O.10.R.4 CPC...........
Civil Procedure Code, 1908, Order 10, Rule 1A, 1B, 1C -- Incorporation of Rules 1A, 1B, 1C by Amendment Act 1999, has not much relevance in exercise of jurisdiction U.O.10.R.4 CPC...........
Civil Procedure Code, 1908, Section 89 -- Settlement - There is no provision in CPC to penalize the party who fails to appear before any authority for exploring the possibility of an out of Court settlement as enumerated u/s 89 CPC, as out of Court settlement principally is governed by will of parties and it is open to party to decide whether a recourse u/s 89 CPC can be..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment can be declined when Court finds that plaintiff has not come to Court with clean hands; the character of the suit is changed; the amendment application is unusually belated; there is mala fide on the part of plaintiff; there is withdrawal of earlier admitted facts and the matter is covered by..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought when suit was pending at the stage of final arguments - Suit pending since 2009 - Amendment at such a belated stage, cannot be permitted - Order declining amendment, upheld...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence from 1987 - Suit filed in..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Not re-hearing of case - Power of review not to be used to give a different verdict...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Suit for mandatory injunction - Directing defendants to remove transformer and electric pole installed in the suit property - Pleas sought to be taken by defendant in review application are legal pleas, which require a foundation in the pleadings and the same admittedly did not exist - Moreover, defendant till date..........
