Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that sale deed is null and void and for injunction - Will basis of claim of plaintiff not proved to be in accordance with law - Whether any partition with respect to survey number in question had taken place or not is not borne out from record - Suit property was never recorded in the name of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of third party - Partition suit - A party on the basis of agreement to sell in his favour cannot seek his impleadment as a party in a suit for partition as he is neither a necessary party nor proper party to be impleaded - No right is created under agreement for sale except right to seek specific..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Application U.O.6.R.17 CPC can be filed even at the appellate stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Arguments partly heard - That itself not sufficient to deny an opportunity to defendants to amend the pleadings. ( Para 12)..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Earlier plaintiff sought amendment of plaint which was allowed - At the time of final arguments defendant realised that there was requirement to amend the written statement - Perusal of proposed amendment proves that these amendments in the written statement are necessary consequences of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Time barred claim - Amendments which do not introduce a new claim for first time after expiry of period of limitation can be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Time barred claim - Elaboration of pleadings and consequential prayer sought by way of amendment being only an extension of original pleadings - Amendment introducing claims which are time barred can be allowed, as there is factual basis in original plaint and no new case is being set up by plaintiff -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Criminal Procedure Code, 1973, Section 293 -- Report of Handwriting expert - Issued by Scientist without examining expert not reliable...........
