Civil Procedure Code, 1908, Order 6, Rule 17 -- Consequential amendment - Once amendment of pleadings is allowed then an opportunity has to be given to the opposite party to amend his pleadings - Opposite party shall also have to make an application U.O.6.R.17 which ordinarily and liberally should be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Consequential amendment - Amendment allowed - Other party should also be allowed to amend his pleadings - Consequential amendment should confine to the plea introduced by way of amendment by the opposite party - A new plea cannot be permitted to be added in the garb of consequential amendment, though it can be applied by way..........
Civil Procedure Code, 1908, Order 6, Rule 18 -- Amendment when allowed should be incorporated in the original pleading in a different ink - Amended pleading can also be filed wherein with the use of a highlighter or by underlining in red the changes made may be distinctly shown - Amendments will be incorporated in the pleading by the party with the leave of the Court and..........
Specific Relief Act, 1963, Section 20, Partition Act, 1893, Section 4 -- Applicability - Provision does not bar suit or decree for specific performance - S.4 applies when after execution of sale deed, a party applies for partition...........
Hindu Law -- By a deed out of Court - Cancellation of divorce deed sought alleging it to be obtained by coercion and threat - Customary divorce being an exception to the general law of divorce should be specifically pleaded and established by the party propounding such custom as custom of divorce is contrary to the law of the land - Trial Court to frame an issue and then..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Bona fide purchaser for value - Person having sold the property looses interest and it is the vendee who can look after his interest with greater care - Held, applicants are necessary party and allowed to be impleaded as defendants...........
Criminal Procedure Code, 1973, Section 439 -- Courts having concurrent jurisdiction - Party has right to choose his forum...........
Housing -- Price escalation - Demand of enhanced cost of allotted plot - The possession of the plot was given on 15.10.1990 - Intimation about the enhanced cost of the plot given on 14.7.1994 - Respondent/O.P should have intimated the same before taking over possession - No evidence on record to suggest that any circumstances had been created which compelled the O.P. to..........
Sale deed -- Length and width of property - Disputed by third party - Registered sale deed is binding on vendor and vendee but does not affect rights of third party disputing description of property in registered sale deed - Mere transaction of sale deed between two parties is not sufficient to prove title over disputed area claimed by third party...........
Evidence Act, 1872, Section 137 -- Re-examination - Opposite party with permission of Court has right to further cross examine upon the matter...........
