Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Recovery suit on the basis of promissory note - Amendment sought at rebuttal stage to take the plea that defendant never signed promissory note in Punjabi nor he signs in Punjabi - This plea was very much available from the very beginning - It is not such a fact that same was not in the..........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Application U.O.21.R.35 CPC - Not maintainable at the instance of third party...........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Execution - Objection by third party - Petitioner does not claim to be in actual possession of decretal property, thus she cannot file an objection U.O.21.R.97 CPC - Even if petitioner is in possession of property, she cannot otherwise maintain such application after dismissal of her objections being a third party -..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below after considering oral and documentary evidence on record rightly rendered a finding of fact that plaintiff was in prior possession of suit property and had permitted defendants who were his son and daughter-i, law to stay in the suit premises along with him due to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Where plea is mixed question of law and facts, same cannot be raised fro first time in second appeal...........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2, Transfer of Property Act, 1882, Section 53A -- Pleadings - Ground of previous recovery suit and part performance, were not pleaded by appellants-defendants in written statement - Held, if plea of S.53A of T.P. Act has been raised in ground of appeal, that will not cure defect and..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Previous suit for recovery was filed by plaintiff-respondents - By that time, appellants had no cause of action to file suit for ejectment as by date period of tenancy had not expired - Cause of action to file suit for ejectment had accrued to plaintiff only during pendency of previous suit and said..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Section 151 -- Petition U.O.39.R.2-A CPC - Rejection sought on the ground that main suit dismissed as withdrawn - Plaint can only be rejected when it does not disclose cause of action and not when cause of action no more survives - With the subsequent..........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of first plaintiff as defendant`s witness - First plaintiff not a contesting party and not examined as a witness - Defendant is entitled to examine first plaintiff as a witness in the suit...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of first plaintiff as defendant`s witness - First plaintiff not a contesting party and not examined as a witness - Defendant is entitled to examine first plaintiff as a witness in the suit - However, since suit is filed by all the plaintiff therefore first plaintiff cannot be summoned as a defendant's witness...........
