Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for permanent injunction - Amendment sought to add the relief of declaration that sale deed in question is not binding on rights of plaintiff - Defendants have already filed a counter claim on basis of said sale deed - Sale deed is already before Court - Amendment sought is formal in nature -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of Plaint - Court has to restrict itself to averments made in plaint without going into question of their truthfulness or otherwise at stage of adjudicating upon an application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court fee - Suit for annulment of two sale deeds and a presumptive decree of possession - Trial Court held that none of the three plaintiffs are party in the impugned sale deeds - Need to pay ad valorem Court fee in regard to relief of declaration these deeds as null and void gets obviated - As regards..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Ordinarily question of limitation is a mixed question of law and facts and therefore, ought to be adjudicated during trial - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law relating to limitation not framed - High Court could not have answered the question of limitation in favour of respondent (i) without framing any substantial question of law and (ii) without even a reference to Article 54 of Limitation Act...........
Civil Procedure Code, 1908, Section 24 -- Transfer of case - Convenience of parties is not the ground to seek transfer of petition but hardship that would cause to parties should be looked into - Travelling 70 kms to attend Court is commutable in nature - Transfer petition dismissed...........
Civil Procedure Code, 1908, Section 100, Punjab Courts Act, 1918, Section 41 -- Second appeal - Exercise of jurisdiction u/s 100 CPC r/w S.41 Punjab Courts Act - Though in view of S.41 of the Punjab Act, it is not necessary to frame a substantial question of law, jurisdiction of High Court under second appeal cannot be exercised for re-appreciation of evidence...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - When Court is satisfied that suit has been instituted due to a bona fide mistake, it can allow any party to be implead at any stage of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Limitation - When there is bonafide mistake done in good faith, matter relates back to original date of filing of suit and impleadment of parties to suit cannot be refused on the ground of limitation...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21 -- Impleadment of a party - Amendment of plaint - Suit for specific performance - Petitioners are necessary parties to suit and due to bona fide mistake they were not named in the suit - However, trial Court dismissed the application for..........
