Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Though normally amendment is allowed in the pleadings to avoid multiplicity of litigation, Court needs to take into consideration whether application for amendment is bona fide or mala fide and whether amendment causes such prejudice to the other side which cannot be compensated adequately in terms of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for possession and separate possession - Plea of previous partition sought to be raised by way of amendment - Suit filed in the year 1993 and amendment sought in 2008 - Amendment sought when suit was pending for final hearing - Nothing to show as to why amendment not sought earlier - Amendment..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Denial of relationship of landlord and tenant - Plea that denial of relationship of landlord and tenant on the part of tenant was bona fide and therefore he be allowed to tender rent at this stage - Tenant cannot be allowed to tender rent at this stage - Order of eviction, upheld...........
Rent and Eviction -- Bona fide requirement - Landlord a retired man, has every right to live in his house, with his family - Tenant rightly evicted...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Eviction petition - Amendment of written statement - Tenant sought amendment to incorporate the facts that during pendency of eviction petition landlord acquired vacant possession of a premises and thus bona fide necessity as pleaded does not survive - However, amendment sought at belated stage, as evidence of parties stand..........
Rent and Eviction -- Bona fide requirement - Premises required for business of son of landlord - Son not employed on the date of filing of eviction petition and bona fide requirement proved - Son of landlord involved in business in the meanwhile - Bona fide need cannot be doubted - It would be inappropriate to expect the son of landlord to sit idle without doing any work..........
Rent and Eviction -- Bona fide requirement - Subsequent event - Shop vacated by another tenant - Said shop vacated for the bona fide requirement of another son of landlord - Subsequent event cannot be taken cognizance...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 45 days in filing complaint - Condonation of delay - Delay is not inordinate - Reasonable explanation for delay in filing complaint rendered by complainant - Nothing pointed out to show that there was negligence on part of complainant or that delay lacks bona fide - Delay is only of few..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for recovery of Rs.63.41 lakhs - As per direction of Supreme Court defendant deposited a sum of Rs.70 lakhs - Defendant has shown his bona fide by depositing said amount - Without going into merits of case, with a view to afford an opportunity of hearing to defendant in suit, ex parte..........
