Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit - Leave to defendant - Defendant sought to be raised by defendant No.1 is sham, moonshine and not plausible - Leave to defend to defendant No.1 not granted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Succession certificate - Amendment of reply thereto - Claim of second wife sought to be amended by claiming to be the first wife of deceased - Entirely new and different case is set up by petitioner by way of amendment, which cannot be allowed - Application dismissed...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- High Court Rules and Orders, Volume I, Chapter I - Local Commissioner - In suit for possession/Hadd Skhini, Local Commissioner did not fix pucca points in accordance with norms - In case of dispute of land falling with jurisdiction of Civil Court, it is always desirable that enquiry be made on spot...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- High Court Rules and Orders, Volume I, Chapter I - Local Commissioner - Local Commissioner has not followed instructions issued by Financial Commissioner on subject matter, not gave proper and lawful notices to parties - Local Commissioner did not affix three pucca points, rather treated entire colony as on of pucca point -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Cannot be granted automatically on ground of weakness in case of defendant - Plaintiff is required to establish prima facie case and balance of convenience in his favour and that he will suffer irreparable loss if injunction is refused...........
Civil Procedure Code, 1908, Section 152 -- Scope - Applicability of provision is not confined to cases of slip or omission by Court - It definitely takes within its compass the `accidental slip or omission' of parties also...........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Accidental slip or omission - It is duty of Court to correct decree in tune with actual intend of Court and the parties - It is not necessary to drive the parties to a separate litigation for rectification of deed - Even if S.152 CPC does not apply, still it could be corrected in exercise of inherent power..........
Civil Procedure Code, 1908, Section 152 -- Amendment of decree - Partition suit - Mistake as to survey number of suit property - Parties do not dispute the fact that particulars sought to be corrected is a mistake - Even there is no dispute between parties regarding identity of property sought to be partitioned - Respondents have no objection to the correction of survey..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for declaration and permanent injunction - Cause of action to file suit arose in the year 2015 and from that date suit filed by plaintiff is well within limitation - Moreover, question of limitation can be decided by trial Court after framing necessary issues and after taking..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Injunction order - Disobedience - Award of compensation directly without attaching the property is not proper - Impugned order set aside...........
