Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar U.O.2.R.2 CPC - O.2.R.2 CPC cannot apply to an amendment which is sought on an existing suit - Plea of amendment being barred U.O.2.R.2 CPC is thus, misconceived and hence negatived...........
Civil Procedure Code, 1908, Order 6, Rule 17, Specific Relief Act, 1963, Section 21(5) -- Amendment of plaint - Suit for specific performance - Relief of compensation - When relief of compensation is either not claimed or when such relief claimed but plaintiff seeks amendment in the same - Plaintiff can seek permission of Court to introduce such relief by way of amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Delay in applying amendment alone is not a ground to disallow prayer of amendment of pleadings - Where aspect of delay is arguable, prayer for amendment could be allowed and issue of limitation framed separately for decision...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Guiding principles - Analysed : (a) O.2.R.2 2 CPC operates as a bar against a subsequent suit if requisite conditions for application thereof are satisfied and the field of amendment of pleadings falls far beyond its purview; (b) All amendments are to be allowed which are necessary for determining the..........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. because of pendency of civil litigation - While dropping proceedings Magistrate not justified in making any observation or returning any finding as regards rights of parties qua the property in dispute or to issue any interim direction for maintaining status quo by the parties -..........
Civil Procedure Code, 1908, Section 151 -- Inherent power - Provision of S.151 CPC is applicable if there is no alternate remedy available in accordance with existing provisions of law - Such inherent power cannot override statutory prohibitions or create remedies which are not contemplated under the Code - S.151 CPC cannot be invoked as an alternative to filing fresh..........
Civil Procedure Code, 1908, Section 96 -- Appeal by third party - A person who is affected by a judgment but is not a party to suit, can prefer an appeal with leave of Court - Sine qua non for filing an appeal by a third party is that he must have been affected by reason of the judgment and decree which is sought to be impugned...........
Civil Procedure Code, 1908, Section 151 -- Final partition decree - Cannot be recalled u/s 151 CPC when alternative remedy of appeal exits - High Court erred in exercising its jurisdiction u/s 151 CPC recalling final decree rather than directing respondents to pursue effective alternate remedies under law...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Error that has to be detected by a process of reasoning, cannot be described as an error apparent on the face of record for Court to exercise its power of review U.O.47.R.1 CPC...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - A party cannot be permitted to repeat old and overruled arguments for reopening conclusions arrived at in a judgment...........
