Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - No illusory cause of action created by clever drafting by reading the plaint holistically - Order rejecting plaint set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - The aspects whether there is continuing cause of action or whether it is a construction contract or whether time was essence of contract etc. cannot be gone into at this stage...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Trial Court while deciding application did not dealt with the fact as to whether amendment sought is necessary or not for just disposal of suit - Impugned order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction suit - Title of ownership of landlord is not relevant in an eviction suit - Landlord and tenant are the only necessary parties in such suit - When a person is neither a necessary party nor a proper party and his presence is not required for any complete and effective adjudication of..........
Criminal Procedure Code, 1973, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(v), 3(1)(va) -- Quashing of proceedings - Offence u/s 3(1)(v) & (va) of SC/ST Act - Private dispute between parties was going on with respect to illegal construction - No allegation in complaint that complainant is obstructed or interfered..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Co-owners - No pleading with regard to any construction activity initiated by defendants in suit land - Only repair work undertaken by defendant - Does not amount to destruction or damage to joint property - Status quo order rightly set aside - Plaintiff can seek amendment of plaint and to add a..........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Consent decree - Challenge as to - Consent decree based upon compromise can be challenged before same Court which passed consent decree...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local Commissioner - Cannot be appointed for collecting evidence...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Court Commissioner - Objection - Once the Commissioner has submitted its report with regard to status of property along with color photographs there is no reason for trial Court to again refer the matter to Commissioner for mentioning of khasra number in its report - Order allowing objection set aside...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Demarcation of land would help in effective adjudication of the issue and would not cause any prejudice to either side - Nothing on record to suggest that appointment of Local Commissioner would result in creation of evidence in favour of plaintiff - Application allowed...........
