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..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed questions cannot be decided at the time of considering an application filed U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issue of jurisdiction raised by defendant is a mixed question of law and facts - Trial Court already framed issue to decide jurisdiction of Court to try dispute between parties - For the purpose of said issue, both the parties would have opportunity to lead evidence if necessary - Moreover, disputed..........
Civil Procedure Code, 1908, Section 9, Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, Section 331 -- Jurisdiction of civil Court - Suit for permanent injunction and cancellation of sale deed - Plaintiff on the date of institution of civil suit was not recorded in revenue records rather defendant was recorded in revenue records - Civil suit for permanent..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Materials on record shows that defendant could not be served through Court with original plaint, amended plaint and writ of summons of amended plaint, as it was not present in the address as mentioned in service - All the service were being made to incorrect address and/or insufficient..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Third party objections - Proceedings in Execution continuing during the pendency of third party objections - Till the decision of third party objections, no final order shall be passed in the execution case...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Concurrent findings of Courts below decreeing suit of plaintiff on basis of demarcation report - Both the Courts below after due appreciation of all attending facts and circumstances approved demarcation - Defendant has not raised any objection to demarcation report - No interference warranted..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for vacant possession and permanent prohibitory injunction - Concurrent findings of two Courts below holding that plaintiff established his ownership over suit land and thus, entitled to relief of permanent prohibitory injunction - No illegality and infirmity in impugned orders of Courts below - No..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 26, Rule 9 -- Temporary injunction - Appointment of Local Commissioner - Court cannot appoint Commissioner, as collection of evidence cannot be permitted while deciding application U.O.39.Rr.1, 2 CPC...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Status quo order - Status quo order cannot be granted by exercising power u/s 151 CPC, when there is express provision provided under CPC...........
