Civil Procedure Code, 1908, Section 114, Order 47, Rule 1, 2 -- Review - Order of setting aside decree of divorce - Death of husband - Second wife of deceased husband who allegedly got married after a decree of divorce was granted, is review applicant - Since contentious issues have been raised with regard to validity of marriage of second wife, issue relating to divorce..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - It is necessary for an amendment applicant to set out specifically in his application, seeking leave of Court for amendment in pleadings, as to what is proposed to be omitted from or altered or substituted in or added to original pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An amendment admitting to wipe out pleadings and admissions of party already considered by Trial Court, for purpose of arriving at a decision in suit cannot be allowed to be substituted with a new case at appellate stage, which would certainly cause serious prejudice to party against whom amendment is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue as regards to claim of defendant that he has been in occupation of property for nearly 60 years already decided against him in injunction suit filed by him - Defendant has not proved his title to property in said suit, thus his present claim is barred by principles of res-judicata...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Partition suit - Subsequent purchasers are not necessary party in a partition suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For granting interim injunction, three factors are required to be considered i.e. prima facie case, balance of convenience and irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Section 151 -- Suit filed against dead person - Application for dismissal of suit - Plaintiff was not aware of death of sole defendant - He learnt about death of defendant only when summons returned unserved with endorsement that defendant has died - Petitioner was not able to produce any evidence to attribute knowledge about death of his mother..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partial rejection of plaint cannot be permitted even if one of reliefs claimed in the suit survives...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for perpetual injunction - Specific case of plaintiff is that defendant had obtained sale deed under coercion and by playing fraud and misrepresentation and no sale consideration has been paid to him - Cause of action is mixed question of facts and law and aspect of..........
