Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Partition being a recurring cause of action would not be hit by doctrine of res judicata - There cannot be any bar to the number of suits which may go on between members of a Joint Hindu Family qua joint property and even between co-owners with regard to joint property...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Proposed amendment is based on mere assumptions and presumptions of petitioner - Nothing fruitful would be gained in allowing such amendment - Even, proposed amendment is not necessary for determining real controversy between parties - Application filed at the final stage of trial is just to..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession of suit land based on title - Plaintiff by producing allotment order has proved her title and by producing khatiyans has proved her possession over suit land - Allotment order is document of title and it can be accepted as document of title - Khatiyans are revenue record and it..........
Civil Procedure Code, 1908, Section 9, Tripura Land Revenue and Land Reforms Act, 1960, Section 188 -- Suit for recovery of possession of suit land based on title - Maintainability of suit - Suit for plaintiff is not barred by S.188 of TLR & LR Act or by S.9 of CPC as contended defendant - Claim of relief of plaintiff can no way be entertained by Revenue Court and the so..........
Civil Procedure Code, 1908, Section 24 -- Transfer of application for custody of child - Convenience of child has to be given preference and weightage while transferring application for custody of child...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Inconvenience of Power of Attorney Holder, cannot be taken as a ground to order transfer of a case...........
Civil Procedure Code, 1908, Section 24 -- Transfer of matrimonial case - Wife sought transfer of application for custody of child and husband sought transfer of divorce petition - Child is a permanent resident of Palakkad - Since both husband and wife filed application under Guardians and Wards Act for custody of child, necessarily child will have to be produced before..........
Civil Procedure Code, 1908, Section 115 -- Revision - Appellate order passed by District Judge in Succession certificate case, would be revisable u/s 115 CPC in view of provision u/s 388(3) of Succession Act and S.115 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Merely putting blame on the earlier counsel in pleading of facts is not sufficient and cannot be accepted as a ground for seeking amendment of pleadings at the stage after commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Defendants by way of amendment of written statement want to change their entire stand taken in original written statement, which cannot be permitted in law by seeking amendment of written statement...........
