Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for declaration and partition - Amendment sought to change entire area of plot to lesser area admitted in written statement - Amendment cannot be allowed as it amounts to withdrawal of admission in written statement...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - At belated stage - Suit for declaration and partition - Addition of co-sharers - Defendant seeking to introduce existence of co-sharer in said property, who never found place in original written statement - Amendment cannot be allowed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - After conclusion of plaintiff's evidence - Suit for declaration - Amendment sought for elaboration of facts and description of suit property - Defining property in terms of its number would not change nature of suit, nor suit property would be changed by any necessary implication - Furthermore,..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Against co-defendant - Counter claim against co-defendant is not maintainable...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - At the instance of co-defendant - An application for injunction by co-defendant against another defendant is not maintainable...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Death of one of plaintiffs - Failure to bring on record LRs of one of plaintiffs may or may not result in abatement of suit as a whole - Suit as a whole can abate only if cause of action is joint and indivisible...........
Civil Procedure Code, 1908, Order 22, Rule 2 -- Abatement of suit/appeal - Death of one of plaintiffs - Suit for accounts of partnership firm - All three plaintiffs had independent rights in partnership firm - On account of death of one of plaintiffs, if LRs are not brought on record then right of deceased plaintiff will stand defeated but it cannot defeat rights of other..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Order dismissing appeal against dismissal of an application U.O.9.R.13 CPC - Second appeal against such order is not maintainable, being not against a decree...........
Civil Procedure Code, 1908, Section 96 -- First appeal - Maintainability - Order dismissing application U.O.9.R.13 CPC - First appeal u/s 96 CPC is not maintainable against such an order, as first appeal has to be preferred against such order u/s 104 r/w O.43.R.1(d) CPC...........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Issues - Partition suit - Issue with regard to maintainability of suit and non joinder of necessary parties - Cannot be decided as preliminary issue...........
