Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off pleadings - Eviction petition - Petition does not disclose any relationship of landlord and tenant - Petitioners not having consent of other co-sharers who claim that petitioners have no right in the petition premises - More so, in the absence of even a semblance of right to be entitled to rent, petitioners..........
Civil Procedure Code, 1908, Order 38, Rule 5, 10 -- Attachment before judgment - Court can only order attachment of property belonging to defendant - Admittedly, on the date of ordering attachment before judgment, Court was put on notice that property had been sold to petitioner - Court therefore, fell in error in ordering attachment and subsequently, confirming the same..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim is completely distinct from cause of action on which plaintiff has approached Court - Merely because parties are same and properties are adjacent, it will not necessarily lead to an inference that issues are connected and claims of both the parties should be tried..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action for filing counter claim is completely distinct from cause of action on which plaintiff has approached Court - Merely because parties are same and properties are adjacent, it will not necessarily lead to an inference that issues are connected and claims of both the parties should be tried..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendants from printing, marketing, distributing, reproducing, publishing or making alterations of book - Plaintiffs have been able to make out a prima facie case as there are serious questions to be tried in the suit - Balance of convenience lies in favour of defendants in the suit as..........
Civil Procedure Code, 1908, Section 47 -- Execution - Third party objections - Framing of issues - It is not necessary that in each and every case, irrespective of merits of objections, Executing Court is required to frame issues - After evaluating the objections and reply filed by parties, Court is required to form an opinion as to whether any triable issue is involved in..........
Civil Procedure Code, 1908, Order 26, Rule 10(3) -- Report of Advocate Commissioner - Challenge as to - Commissioner's report can be scrapped only after recording of entire evidence and demonstrating that commissioner's report is flaw - Suit is at the stage of cross-examination of PW1 - Petitioner ought not to have approached Court at the premature stage when Court below..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Sought after commencement of trial - Non pleading that inspite of due diligence amendment sought could not be pleaded before commencement of trial - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Plaintiffs by way of amendment not building up some new case contradictory to case made in the plaint by them or they are retracting from any admission - No allegation that plaintiffs were not diligent at the time of filing of suit and despite the pretty good knowledge of all the facts sought to be..........
