Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Title suit - Dispossession in violation of order of injunction - Amendment of plaint sought to seek consequential reliefs - Trial Court while allowing amendment held that proposed amendment involving question of encroachment and recovery of possession unless incorporated by way of amendment, real..........
Civil Procedure Code, 1908, Order 41, Rule 33 -- Appeal - Part of the decree which essentially ought to have been appealed against, or objected to, by a party and which that party has permitted to achieve a finality cannot be reversed to the advantage of such party...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Raising of a new plea at the second appellate stage would not be proper and that would not give rise to a substantial question of law...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Re-appreciation of evidence to arrive at a different conclusion is quite restricted in exercise of jurisdiction u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for specific performance - Finding on executability of the agreement, proof of its contents, question of readiness and willingness on the part of plaintiff to get the sale deed executed, are pure findings of fact based upon material available on record - Court does not find any apparent perversity in the view..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Even if there is no application U.O.7.R.11 CPC, it is required on the part of Court to see ingredients of O.7.R.11 CPC and if it is found, plaint may be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Order passed U.O.7.R.11 CPC - Revision is maintainable against such an order and even otherwise, alternative remedy is not the absolute bar...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Once objection is raised about insufficiency of Court fee, it is required on the part of Court to decide the same first and then proceed to decide the other issues...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Where no cause of action arose against one of defendants but there is cause of action against other defendants, plaint cannot be rejected in part only for one defendant and it shall proceed as a whole...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Striking off name of a party - Where the name of defendant has been joined improperly as neither there is any cause of action shown nor relief has been claimed against that defendant, he is having remedy to move application to strike out its name from array of defendants...........
