Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within time - Condonation of delay of 4-1/2 years - Mere fact that lawyer was careless or negligent that by itself cannot be a ground to condone long and inordinate delay, as litigant owes a duty to be vigilant of his own rights and is expected to be equally vigilant about the judicial proceedings..........
Maintenance and welfare of Parent and Senior Citizens Act, 2007, Section 22 -- Property of father - Eviction of son - Summary proceeding under the Act may remain subject to the out come of any civil suit wherein larger issues and other rights may be involved - Therefore, merely because civil suit is already pending between parties, objection of petitioner that authorities..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Wife sought transfer of suit filed by her mother-in-law against husband seeking declaration of right over property which was agreed to be sold vide agreement arrived at between husband and wife in meditation - Said agreement entered into between parties in a suit filed by wife seeking recovery of gold..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - For determining whether a party is a necessary party or not, it is important to ascertain that he is bound by the result of action and question which is required to be settled with the suit and such question cannot be settled effectually and completely unless he is a party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for possession, permanent injunction and recovery of plot - Defendant sought impleadment of Sub-Registrar and additional Collector for the purpose of determining the validity of documents produced on the basis of which plaintiff had purchased the disputed property - However, no relief is sought..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree can be set aside by Court where defendant satisfies Court that : (a) summons were not duly served upon him; (b) he was prevented by any sufficient cause from appearing before Court when suit was called for hearing...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Due to health issues counsel for defendant could not appear - Merely because counsel representing defendants failed to make some alternative arrangement, defendants cannot be made to suffer for the same as it would not be in the interest of justice - Defendants have shown sufficient cause..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment only seeks to rectify a clerical error in the description of property boundaries in the plaint schedule by interchanging the southern boundary with the northern boundary - Amendment is merely sought to correct a clerical mistake in the boundary description and does not alter the substance of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought is merely explanatory and clarificatory in nature which has no effect of altering nature of suit - Trial Court allowed amendment holding that amendment sought was imperative for just decision of the case on merits - Application rightly allowed...........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Summoning of witness - When an application for issuance of summons to witness is filed U.O.16.R.1(2) CPC, Trial Court has to ensure that the purpose for summoning is specifically stated in the application and has to consider whether said purpose is relevant for adjudication of suit or proceeding before it, before issuing..........
