Civil Procedure Code, 1908, Order 9, Rule 13 -- Restoration of restoration application dismissed in default - Present restoration application has been filed by petitioner after a lapse of more than 3 years - Trial Court rightly dismissed the application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Sought at the fag end of trial - Amendments qua which fresh evidence would be required to be led, cannot be permitted in law...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- Judgment of first appellate Court - Non-framing of points for consideration as per O.41.R.31 CPC is not always fatal if appellate Court has considered the dispute between parties correctly and has applied the law accordingly...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Only because transfer petition is moved by a woman, transfer of case cannot be effected - All attending facts and circumstances have to be looked into...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Children are residing with husband - Inconvenience which husband would face to attend the Court would be more than that of wife as husband is taking care of children - Only because transfer petition is moved by a woman, transfer of case as sought for cannot be effected - Transfer petition dismissed...........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Judgment of First Appellate Court - Suit for specific performance - First appellate Court had formulated a point on the issue of readiness and willingness on the part of plaintiffs and thereafter discussing the evidence on record arrived at a just finding - First Appellate Court is fully justified in formulating a point in..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Eviction petition - Averments sought to be incorporated by way of amendment was already in the knowledge of tenant/petitioner at the time of filing of original reply and also prior to framing of issues - Reason given in the amendment application that it was due to inadvertence/over sightedness..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of O.2.R.2 CPC - Plaintiff omitted to include present suit properties in earlier suit - He has not sought leave of Court to sue for all such reliefs - Plaintiff thus, has relinquished his right in suit properties by virtue of O.2.R.2 CPC - Suit is not maintainable being barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for injunction - Plea that plaintiff should have sought for relief of declaration of order dated 15.02.2023 as null and void and only then a relief of injunction could have been granted - Injunction is granted to a title holder having prima facie case and for grant of injunction, a relief for..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Property dispute between parties - Allegation that appellant being power of attorney of original owners sold the property belonging to complainant to third parties - However, suit property is common and undivided property and in which complainant has a undivided..........
