Civil Procedure Code, 1908, Order 7, Rule 10, 11, Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint returned for presentation before a Court having pecuniary jurisdiction - Plaint presented before a competent Court with amendments and also seeking a further relief without disclosing cause of action therefor - Plaintiff free to make all necessary amendments in plaint..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- SHO took keys of the shop inspite of injunction against defendant - Impleading of SHO as party to the suit and amendment of plaint seeking relief of mandatory injunction directing the SHO to hand over the keys and possession of the premises in question to the plaintiff sought -..........
Civil Procedure Code, 1908 -- Cross objections - Filing of cross-objection after the 1976 Amendment is purely optional and not mandatory - Respondent in an appeal can without filing cross-objections attack an adverse finding upon which a decree in part has been passed against the respondent, for the purpose sustaining the decree to the extent the lower Court had dismissed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Events which take place during pendency of suit which require amendment regarding relief clause - Court should not stay its hands from granting it - Stay order restraining defendant from dispossessing plaintiff from shop in question - When stay order operating Station House Officer allegedly took keys of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Despite injunction shop demolished - Amendment of plaint sought in regard to subsequent events and to amend the prayer clause by incorporating the relief of mandatory injunction and for possession - Once, the Court was primarily satisfied that the events were subsequent to..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- `In writing and signed by the party' - Includes counsel and agent of the party - Counsel has the power to enter into compromise - This power has not been curtailed by any amendment in C.P.C. - Consent decree is binding on the parties if the same has not been vitiated by fraud, misrepresentation, misunderstanding or mistake...........
Punjab Land Revenue Act, Section 16 -- as amended by Haryana Amendment Act 1996 - Second revision i.e. revision against order of Commissioner passed in revision - Not competent...........
Punjab Land Revenue Act, Section 13, 116, 117, 118 -- Appeal against final partition - Only duty of Collector to see that final partition done according to Mode of Partition - Objection regarding land of different values - Should have been taken up when Mode of Partition was being finalised - By not appealing against Mode of Partition and moving for its amendment/change -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Suit for specific performance - Amendment sought that prior agreement stood cancelled, revoked and superseded by subsequent agreement - Amendment cannot be allowed as defendant cannot be permitted thereby to withdraw earlier admission of due execution of prior agreement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Permissive possession admitted in written statement - Amendment sought to take the plea that their possession is adverse to the plaintiff - The said plea is not a subsequent development - Defendant is precluded from taking a totally inconsistent plea - Both the pleas run counter to each other -..........
