Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - No cause of action in favour of plaintiff and against defendant Nos.4 to 13 to file a suit for recovery as there is no privity of contract - There is non disclosure of facts to proceed with the trial of suit qua defendant Nos.4 to 13 as there is no allegation of any liability or a joint and several..........
Runaway couples -- Protection matter - Petitioners claim to be major and have married with their free Will - Apprehension of life and liberty from parents of wife - However, appropriate pleadings almost absent which shows that real objective is something else than what is attempted to be shown - No allegation in pleadings that any FIR has been lodged by relatives of..........
Civil Procedure Code, 1908, Section 100, Transfer of Property Act, 1882, Section 43 -- Second appeal - Doctrine of `feeding the grant by estoppel' - Benefit of right and title u/s 43 of T.P.Act cannot be claimed for the first time in second appeal without there being any foundation in pleadings and without any evidence being mixed question of facts and law and not being..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Pleadings - Amendment - Courts should be liberal in granting prayer for amendment of pleadings subject to certain conditions that amendment is not barred by limitation, the other party has not been taken by surprise or by the amendment some admission has been sought to be withdrawn...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - All amendments should be allowed which satisfy the conditions (a) of not working injustice to the other side; and (b) of being necessary for the purpose of determining the real question in controversy between the parties - They should be refused only when other party cannot be placed in the same..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is not open to any party to substitute a new cause of action or to change the nature of suit or to substitute the subject matter of suit except when Court thinks it just and necessary...........
Agreement to sell -- Specific performance - Plea of hardship - Cannot be accepted in absence of any pleadings - Moreover defendant at the time of execution of agreement to sell in question was well aware of fact that he was not having any other house and he had agreed to sell the same in his own wisdom and thus cannot be given any benefit on this account - Plea not..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Admissions made in pleadings can be taken into consideration and acted upon...........
Demurrer -- Meaning - Act of objecting or taking exception or protest - It is pleading by party to legal action that assumes truth of matter alleged by opposite party and sets up that it is insufficient in law to sustain his claim or some other defect on face of pleadings constituting legal reason why opposite party should not be allowed to proceed further...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Failure to frame substantial question of law - Held, High Court has committed a grave error in procedure by not framing substantial question of law and setting aside judgment and decree of first appellate Court - Finding of fact recorded by first appellate Court on contentious issues was based on re-appreciation of..........
