Civil Procedure Code, 1908, Order 23, Rule 1 -- Provisions of Order 23 Rule I have to be applied in rare cases and this power not to be used lightly - Suit should not be allowed to be withdrawn with permission to file a fresh one on matters which can be corrected by amendment of plaint and pleadings - If clerical mistake crept in plaint and followed in application for..........
Civil Procedure Code, 1908, Order 21, Rule 54(2) -- Sale proclamation - not affixed on notice board of the Town Municipality as required by Karnataka amendment at the most material irregularity by itself not sufficient to set aside the sale-material irregularity must be such as to result in substantial injury to the J.D. - inadequacy of price by itself is not sufficient -..........
Punjab Pre-emption Act, 1913, Section 15 - - Property inherited by a female from her father or husband- Right of preemption restricted to that available under Section 15(2) - Cannot be claimed under Section 15(1) - By amendment making available to plaintiff-preemptor ground for pre-emption being a co-sharer which otherwise stood barred - Not permissible - Civil Procedure..........
Civil Procedure Code, 1908, Section 21(1), Order 6, Rule 17 - - Amendment of written statement to raise objection regarding territorial jurisdiction of Court - Cannot be allowed at a late stage...........
Civil Procedure Code, 1908, Order 21, Rule 90 - - Proviso (that objection against proclamation of sale had to be raised before auctio, sale was conducted) as added by Punjab amendment to Rule 90 of Order 21 by Rules and Orders of Punjab and Haryana High Court - Stands repealed with effect from 1st February, 1977 - Mai Singh's case 1982 PLR 494 and other decisions in regard..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Substitution of transaction by way of amendment of plaint - No.legal bar for such substitution in appropriate cases - Normally in place of one transaction another cannot be allowed to be substituted in the same suit - Amendment of plaint seeking relief of redemption regarding fresh mortgage to be substituted in place of..........
Civil Procedure Code, 1908, Section 115, Order 6, Rule 17 -- Revision against order allowing amendment of plaint - High Court cannot interfere in exercise of revisional jurisdiction even if amendment wrongly allowed - Even erroneous decision on law cannot be interfered with in revisional jurisdiction - High Court will not vary or reverse order of lower Court, even if it..........
Land Acquisition Act, 1894, Section 23(2), 28, 30(2) - - Appeals fixing market value of acquired land finally disposed of by High Court during the period April 30, 1982 to September 24, 1984 - Whether Amendment Act 68 of 1984 would rob earlier judgments and decrees of their finality - Claimants entitled to benefits of amended Sections 23(2) and 28 even though their appeals..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court may allow at any stage of proceedings - Amendment necessary for purpose of determining real controversy between the parties - Can always be allowed - Disallowing amendment as it would cause de novo trial of case and since plaintiff remained silent till conclusion of his evidence and case fixed..........
Land Acquisition Amendment Act, 1934, Section 30 - - Interpretation of - Provisions of amended Section 23 sub-section (2) and Section 28 Land Acquisition Act applicable to all proceedings relating to compensation pending on 30th April 1982 or filed subsequent to that date, whether before Collector or before Court or High Court or Supreme Court, even if they have finally..........
