Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment to change the basis to that of title to the property - It amounts to introducing a new cause of action - Amendment disallowed - Order upheld...........
Criminal Procedure Code, 1973, Section 397, 401 -- Revision - Interlocutory order - Court of Addl. Chief Judicial Magistrate ordering release of goods in question in favour of complainant on superdari - In revision the court of Addl. Sessions Judge ordering the release of goods on superdari to the person from whom they were recovered - Plea that Additional Sessions Judge..........
Criminal Procedure Code, 1973, Section 145, 146(1), 482 -- Petition for Quashment of Proceedings - The order made u/S.145 of the Code deals only with the factum of possession of the party as on a particular date, it confers no title but to remain in possession of the disputed property. Under the orders of the revenue Court the possession was redelivered to the petitioners..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Receiver - Court has to consider title of the suit property - Person found to have title is entitled to possession unless and until the other side is able to establish that it has got some interest on the basis of which it could be in a possession of the property, even though the title is with the plaintiff - Plaintiff..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title based on sale deed - Date of sale deed not mentioned - Amendment sought to substitute correct date - Does not alter or change cause of action - Amendment sought only a formal one - Amendment petition allowed...........
Criminal Procedure Code, 1973, Section 482 -- Prevention of Corruption Act, 1988, Section 13(1)(2)(c) - Quashing of FIR - Entire stress of respondent No.2 in her allegations was that her right in the property No.2616 consisting of three shops had been illegally sold at her back by lady Dr.Astar Dass in connivance with the petitioner No.1, who had purchased this property in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Title of plaintiff denied in original written statement - Amendment sought to plead vesting of land in Gaon Sabha - Admission remain in tact and untouched by amendment - Evidence of plaintiff not yet concluded - No prejudice to be caused - Amendment allowed...........
Civil Procedure Code, 1908, Section 47 -- Objection as to sale of two properties for inadequate price and secondly sale was excessive execution - Petitioner's mother had earlier agitated right and title to property and had sought setting aside of sale - That right was negatived and became final - It would not be open to petitioner to raise contentions thereafter -..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Appellate Court giving opportunity to lead evidence as to title - Held, defendant has a right to file additional written statement denying title of plaintiff...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- A person who is in possession even without title is entitled to protect his possession of the property as against all persons who do not have a better title than himself...........
