Civil Procedure Code, 1908, Order 22, Rule 10 -- Death of original defendant - Assignment of interest by defendant - Impleadment of assignee pendente lite - Application U.O.22.R.10 CPC can be made either in life time of assignor or even after his death - Choice is obviously of assignee...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of devolution of interest - Detailed inquiry is not contemplated while considering application U.O.22.R.10 CPC...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Death of original defendant - Assignment of interest by defendant - Impleadment of assignee pendente lite - Original defendant made assignment in favour of applicants during pendency of suit - Applicants as assignees have therefore sought their impleadment to protect their interest - Applicants qualify to be proper parties,..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Death of original defendant - Assignment of interest by defendant - Impleadment of assignee pendente lite - Challenged on the ground of delay - Original defendant prosecuting suit whilst he was alive and applicants can be said to have condescended to such prosecution - It is only after death of original defendant that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local commissioner - To know actual existing position on spot - Sale deed relied upon by plaintiff gives no details of suit land - It only gives that suit land is bounded by such and such property - Appointment of local commissioner will be of no help to plaintiff - More so, plaintiff claimed that he got..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of local Commissioner - Practice and procedure - Each and every application for appointment of Local Commissioner not to be accepted - It is discretion of Court and it is to be allowed only in cases where Court deems it appropriate that local investigation would be required for resolving dispute...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Change in the nature of relief - It is not change in nature of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Application cannot be rejected merely on the ground of delay, however, long it may be, provided facts of case warrant allowing amendment...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Bar of limitation - Issue of limitation is a mixed question of law and fact and same has to be gone into by trial Court at an appropriate stage in main suit - Application for amendment of plaint cannot be rejected on ground of limitation...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment be allowed, if (i) it does not cause injustice to other side; and (ii) it is necessary for purpose of determining real questions in controversy between parties...........
