Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit is at the stage of final arguments - Any amendment in written statement at the fag end of suit, cannot be permitted, particularly when suit was filed way back in the year 1987 - Even otherwise, defendant sought amendments with respect to facts which were available/known even at the time..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Demarcation report - Objections - Defendant participated in entire demarcation exercise conducted by local Commissioner and thereafter put his signatures in demarcation report, treating it as correct - Having done so, it is not open to defendant to contend that demarcation report is not correct,..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay of 175 days - Delay not properly explained except throwing blame on Advocate for which there is no supporting material or affidavit - Having entered appearance through counsel, there is no reason for defendant to plead that failure on part..........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Appeal - Vakalatnama - No written vakalatnama in favour of counsel of one of the defendants who represented him in appeal - However, counsel was engaged by father and brothers of said defendant who appeared as co-defendants in a suit for specific performance in which their interest was common - Moreover, defendant not chosen..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchaser - Suit for specific performance - Plaintiff cannot be compelled to implead a person in suit for specific performance against his wish, more particularly with respect to a person against whom no relief is claimed by him - Applicant/subsequent purchaser cannot be impleaded as a defendant in..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Removal of construction raised by J.D. after passing of decree for permanent injunction - Executing Court has every right to pass appropriate orders for removal of obstructions in order to give effect to the decree passed by trial Court...........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Production of documents - Documents in question are certified copies and statements recorded in a different proceedings - Said documents can be helpful in deciding controversy - If plaintiff is permitted to file certain documents at belated stage, no prejudice can be caused to defendants - Application rightly allowed...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Since trial Court decided the suit only on the question of maintainability of the suit and has not recorded findings on other issues therefore, appellate Court by reversing findings of trial Court in respect of maintainability of the suit was required to remit the matter to trial Court for deciding the other..........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - Process server has to make all reasonable efforts to serve notice - Contention that O.5.R.15 CPC expects more than one visit of process server to residence of party before effecting service of notice on any adult member of family of defendant, rejected...........
Civil Procedure Code, 1908, Order 5, Rule 15 -- Service of summons - On an adult member of family - O.5.R.15 CPC does not make an endorsement sine qua none to the effect that there was no likelihood of defendant being found at his residence within a reasonable time...........
