Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for specific performance - Property described in plaint only by boundaries - Number of property sought to be clarified by way of amendment of plaint - Proposed amendment is by way of clarification only - No prejudice is likely to be caused to the defendant - Amendment allowed...........
Civil Procedure Code, 1908, Order 37, Rule 2, 3 -- Summons for judgment never issued - Decree passed - Void and without jurisdiction inspite of the fact that defendant appeared in response to summons for appearance and sought leave to defend which was granted on the condition of deposit of entire suit amount and the defendant failed to deposit - Appeal cannot be dismissed..........
Evidence Act, 1872, Section 101, 102 -- Defendant denying execution of agreement stating that he had signed only in a blank paper and stamp paper - Burden of proof is upon the person who wants to get relief in the suit - Plaintiff has to adduce evidence to show that the document was properly executed - If the plaintiff is able to discharge his burden sufficiently, then..........
Evidence Act, 1872, Section 101, 114 -- Signature on blank paper - Burden of proof - If evidence led by plaintiff regarding execution of document is found to be reliable and if plaintiff is able to discharge his burden sufficiently, then onus will shift on the defendant to show that he had not executed the document...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for permanent injunction - Amendment sought seeking declaration of title also - If amendment is allowed defendant will not be prejudiced as question of title can be incidentally gone into in a suit for injunction - Delay in filing such application can be compensated by awarding costs to the..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Plaint - Amendment - Suit for eviction - Defendant took specific plea in the written statement that suit is liable to fail for want of proper notice - Held, plaintiff can be permitted to plead a fresh notice to quit served on the defendant after institution of the suit - Amendment allowed subject to the condition that..........
Civil Procedure Code, 1908, Section 80(2) -- Waiver of notice - Application u/s 80(2) for waiver of notice filed but no orders passed - Defendants contesting suit on merits without pleading absence of urgency or want of notice - Held, there is deemed waiver of notice on the part of the defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for possession and mandatory injunction - Suit property transferred by defendant during pendency of suit - Presence of transferee is not only proper but necessary because without their presence the matter cannot be adjudicated properly - Any person claiming to be the rightful owner of the..........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Defendant No.10 alleged to be colluding with plaintiff - His evidence to be recorded first out of other defendants enabling the defendant to rebut his as well as plaintiff's evidence...........
Transfer of Property Act, 1882, Section 17, 49, 53A -- Heading as well as last clause describing the document as sale agreement - Further it says that the vendor shall execute another document at the Office of the Sub-Registrar as and when required - - Held, the clause that vendor sold the property to be enjoyed by the plaintiff and his heirs does not conclusively..........
