Civil Procedure Code, 1908, Section 50 -- Legal representative (LR) - Death of JD - Any decree which is relatable to the extent of property of deceased which has come to the hands of LRs and has not been duly disposed of, same would be liable for execution by a DH so as to compel LRs to satisfy decree - Even the decree for preventive injunction can also be executed against..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Not to be allowed after trial has commenced, unless Court comes to conclusion that in spite of due diligence, party could not have raised the matter before commencement of trial...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amenemnt of plaint - Seeking additional relief - Such relief not claimed due to oversight - Same cannot be accepted as a ground to allow any amendment in the pleadings at the fag end of trial especially when admittedly the facts were in knowledge of plaintiffs...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Initially suit for partition and separate possession was filed - By way of amendment, relief of declaration of compromise decree being null and void also sought - It will certainly change the nature of suit - Amendment sought is impermissible...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Any right accrued to the opposite party cannot be taken away on account of delay in filing the application...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prejudice to be caused to the opposite party is one of the important factors to be seen at the time of consideration of any application for amendment of pleadings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Application filed after five years of passing the compromise decree - Limitation for challenging any decree is three years - A fresh suit to challenge the same may not be maintainable - In case amendment of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Seeking additional relief - Additional relief sought that compromise decree is null and void - Such relief could not be claimed in the present suit as all the parties thereto are not before Court in the suit in question...........
Stay of proceedings -- Civil & Criminal Cases - There can be no automatic vacation of stay after expiry of a particular period until and unless an application to that effect has been filed by the other side and is decided following the principles of natural justice by a speaking order...........
Stay of proceedings -- Vacation of stay - Civil & Criminal Cases - There cannot be automatic vacation of stay granted by High Court - Direction that all the interim orders of stay of proceedings passed by every High Court automatically expire only by reason of lapse of time cannot be issued in the exercise of jurisdiction of Supreme Court u/art 142 of Constitution...........
