Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - An amendment admitting to wipe out pleadings and admissions of party already considered by Trial Court, for purpose of arriving at a decision in suit cannot be allowed to be substituted with a new case at appellate stage, which would certainly cause serious prejudice to party against whom amendment is..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue as regards to claim of defendant that he has been in occupation of property for nearly 60 years already decided against him in injunction suit filed by him - Defendant has not proved his title to property in said suit, thus his present claim is barred by principles of res-judicata...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Partition suit - Subsequent purchasers are not necessary party in a partition suit...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - For granting interim injunction, three factors are required to be considered i.e. prima facie case, balance of convenience and irreparable loss...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Partition suit - Plaintiff and defendants both are having equal right over property in dispute unless it is divided as a consequence of partition suit - Therefore, to protect the property there is prima facie case and balance of convenience in favour of plaintiff as well as defendants also - Though..........
Civil Procedure Code, 1908, Section 151 -- Suit filed against dead person - Application for dismissal of suit - Plaintiff was not aware of death of sole defendant - He learnt about death of defendant only when summons returned unserved with endorsement that defendant has died - Petitioner was not able to produce any evidence to attribute knowledge about death of his mother..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partial rejection of plaint cannot be permitted even if one of reliefs claimed in the suit survives...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed and for perpetual injunction - Specific case of plaintiff is that defendant had obtained sale deed under coercion and by playing fraud and misrepresentation and no sale consideration has been paid to him - Cause of action is mixed question of facts and law and aspect of..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of execution petition - Application for amendment rejected on the ground of res judicata without going into merits of case - Order rejecting application set aside - Trial Court directed to consider application after providing an opportunity to all the parties and in accordance with law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Anti-suit injunction - Court can issue anti-suit injunction despite the fact that other party had resorted to legal proceedings outside India...........
