Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - No issue as to no, joinder of necessary parties - Suit dismissed suit on other grounds - However, first appellate Court framed the issue regarding no, joinder of necessary parties and decreed the suit - Both the Courts therefore, failed to appreciate issue of no, joinder of..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Plaintiff filed suit possession regarding `A' schedule property and for permanent injunction regarding `B' schedule property - Defendant filed suit for injunction with regard to `A' schedule property - Both the suits tried together and dismissed - Aggrieved by same plaintiff alone preferred an appeal and same was..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement to the amended plaint by defendant No.1 whose right to file written statement was closed - By amendment of plaint it was defendant No.2 who was added and consequential amendments in that regard were made and no additional averment was made with regard to defendant No.1 - After amendment of plaint, defendant..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or consent decree - Can be got set aside on one of grounds on which a contract can be set aside namely if obtained by fraud, misrepresentation or `coercion' with an additional ground in favour of minors or persons of unsound mind...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise or consent decree - Does not require registration even if it creates title in respect of immovable property of value of Rs.100/- or more provided that it is subject matter of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment to incorporate factum of dispossession - Sought after 26 years of dispossession - Reason for delay not explained - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Local Commissioner - Averments in application seeking appointment of Commissioner itself sufficient to come to a conclusion that appointment was sought only for the purpose of collecting evidence - Commissioner cannot be appointed for collecting evidence - Order dismissing application, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Deficiency in written statement came to knowledge of defendant only when newly engaged counsel was required to prepare affidavit of defendant to be submitted in evidence before Court - There is nothing to show any lack of diligence on part of defendant - Even, no prejudice would be caused to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Typographical mistake apparent on face of record - Can be corrected by way of an amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical mistake - Suit for specific performance - Amendment sought to change the date of agreement, amount as well as the area - Plaintiff unable to show as to why said typographical mistakes not corrected at the time when first amendment application was filed - Plaintiff cannot be allowed to carry..........
