Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Suit for specific performance - Defendant sought amendment by submitting that agreement in question is an unregistered document as well as insufficiently stamped and therefore it is not admissible in evidence - Though, amendment sought after lapse of one year from the date when agreement in..........
Civil Procedure Code, 1908, Order 21, Rule 40 -- Execution - Arrest and detention - Decree for permanent injunction - Report of Tehsildar shows that there is no obstruction caused by JD on suit land - Construction on suit land was laid down by Electricity Board - JD has no objection in case said construction is removed - Since suit land is lying vacant on the spot, as..........
Civil Procedure Code, 1908, Order 18, Rule 2(2), 3 -- Defendant permitted to lead secondary evidence qua the compromise - No opportunity given to plaintiff to rebut the same - Since defendant was given an opportunity to lead secondary evidence qua the compromise, an opportunity ought to have been given to plaintiff to rebut the said evidence - O.18.R.3 CPC is not..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule -- Rejection of plaint - Dismissal of application - Appeal thereagainst - Not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Power U.O.7.R.11 CPC can be exercised at any stage by trial Court...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Disputed question cannot be contested in application U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application - Maintainable when new cause of action is pleaded...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Plea by defendant that construction is raised by his brother who is not a party to the litigation - Contention of defendant now that if construction is not completed he will suffer hardship not tenable and cannot be taken into consideration...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction of Civil Court - Application filed when evidence of plaintiff was already over and part of evidence of defendants was also complete - Issue of maintainability of suit in the present form already framed - Application at this stage could not have been entertained by Court - Only course..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of counter claim - Time barred relief - It is a mixed question of law and fact and same can be decided during course of trial after framing of issues - Amendment allowed...........
