Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought at appellate stage - By amendment, facts, cause of action and relief, which were well within their knowledge throughout sought to be introduced - At appellate stage Court cannot grant an amendment for the asking of a party - Where rights have already crystalized under one judgment, adding a new..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment in appeal is a rarity...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for mandatory injunction - Encroachment - Plaintiff never applied for demarcation or got her land demarcated - Defendant got the land demarcated and husband of plaintiff had admitted such demarcation to be correct - Courts below rightly concluded that since plaintiff never applied for demarcation of land and..........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 89 -- Sale proclamation - Setting aside - Sale proclamation ordered pursuant to an improper valuation and proven to be an undervaluation is thus, set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Pleas raised cannot be appreciated properly without recording evidence - At this stage when suit is at preliminary stage, it cannot be said that plaint does not disclose any cause of action or that suit is barred by limitation - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of divorce petition - Application by wife - Mere fact that applicant is a lady and she had difficulty in travelling may not detain Court for the reason as she is traveling daily from Lucknow to Barabanki for her job - Moreover, husband is willing to pay charges for her travel - Transfer application disposed of with..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Partition suit - Concurrent findings of Courts below are in record that defendants have failed to prove that they have perfected their title by way of adverse possession - Court therefore, u/s 100 CPC cannot revisit and reassess entire evidence on record - Suit rightly decreed in favour of plaintiff...........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Can be led only on those issues of which onus to prove was on defendant...........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Not filed despite grant of several opportunities - Taking written statement on record not opposed by plaintiffs - One opportunity granted to file written statement subject to payment of Rs.15,000/- as costs...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Defendant encroached upon suit land and built a shop - Said facts can only be clarified by way of Commissioner's report - Application allowed...........
