Civil Procedure Code, 1908, Order 15A(A -- Rent and eviction - Relationship of landlord and tenant denied - Question of pressing into service O.15-A CPC does not arise...........
Land Acquisition Act, 1894, Section 23, Civil Procedure Code, 1908, Order 1, Rule 10 -- Acquisition of land - Compensation - Post-acquisition allottee of land is neither a necessary party nor proper party and has no locus standi to be heard in the matter of determination of compensation...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence - Land acquisition proceedings - Neither Trial Court refused to receive the evidence nor it can be said that evidence sought to be adduced was not available despite the exercise of due diligence - Evidence not necessary to pronounce the judgment - Additional evidence cannot be permitted to fill the lacuna..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to subsequent suit - Filing of plaint of earlier suit and proving it as per law - Imperative to sustain the plea of O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to subsequent suit - High Court in revision holding that suit is barred by O.2.R.2 CPC - But in the judgment there is no mention that plaint in the earlier suit is proved - Matter remitted back - In case plaint in the earliest suit is not brought on record and proved, prayer for amendment shall not be entertained to bring..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for cancellation of sale deed - Sale deed in question was registered document - Plaintiff filed the suit on the basis that her mother was not well and sale deed was got executed by playing fraud by defendant - Defendant was none other than real sister of mother of plaintiff - Prior to execution of sale deed..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence when not in knowledge or could not be produced even after exercise of due diligence, then additional evidence should be allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be produced by way of additional evidence not in knowledge of plaintiffs and came to their notice subsequently - Application filed by plaintiffs cannot be said to be filed with malafide intention - However, no reason mentioned by trial Court as to how document in question not relevant for..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Can be considered at the time of hearing of appeal...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought at the stage when evidence of plaintiffs was yet to start - Nature of suit was also not going to be changed nor any other alleged accrued right in favour of defendants was likely to be prejudiced - Amendment sought to avoid multiplicity of litigation between parties - Moreover, an..........
