Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While considering amendment application Court is not required to address merits of plea sought to be incorporated...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - Amendment sought to declare sale deed executed during pendency of suit to be null and void - Suit was instituted claiming that suit property was joint property and without partition defendants cannot sell any specific portion nor they can evict plaintiffs from any portion - Amendment..........
Civil Procedure Code, 1908, Order 8, Rule 6 -- Set off - Recovery suit - Only an ascertained sum of money legally recoverable by defendant from plaintiff can be set off in a suit for recovery of money...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Recovery suit - Plea of adjustment - Settlement of amount towards dues of plaintiff took place before institution of suit which is an indication that plea is one for adjustment - Court below refused to countenance the plea of adjustment on the premise that no counter claim was filed by defendant in the claim..........
Civil Procedure Code, 1908, Section 9, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 29 -- Suit for damages - Action taken under provisions of SARFAESI Act and DRT Act - Jurisdiction of Civil Courts - Barred...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Specific performance - Non deposit of balance sale consideration within time - Decree is not executable by making payment of interest even when J.D. has not sought rescission of contract...........
Specific Relief Act, 1963, Section 28, Civil Procedure Code, 1908, Section 148 -- Specific performance - Extension of time to deposit balance sale consideration - There is no automatic extension of time merely because recession of contract is not sought by JD...........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Specific performance - In every decree of specific performance of contract, Court has to specify period within which payment has to be made...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Inadvertent typographical mistake - At different places in the written statement word `incorrect' is mentioned and only at one place word `correct' is mentioned, which appears to be inadvertent - Amendment, rightly allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Suit for specific performance - Execution of agreement for sale between parties not disputed - Suit property was sold twice - If interim injunction is not granted, suit property may be transferred further and there would be every possibility of multiplication of proceedings - Moreover, nature and..........
