Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Earlier two suits for joint possession dismissed as withdrawn with permission to file fresh on the same cause - Third suit on same cause for recovery of amount (land in the meantime having been acquired under Land Acquisition Act) based on title - Not barred by any principle of law..........
Civil Procedure Code, 1908, Section 96, Order 9, Rule 13 - - Setting aside of ex parte decree, application for - Does not lie where defendant filed appeal and appeal disposed of on any ground other than one on the basis of which appeal withdrawn - After decision of appeal - Application under Order 9 Rule 13 - Not competent...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement consequent to amendment of plaint - (i) merely because an amendment has been allowed in the plaint, the defendant does not get a right and certainly not an unbridled right to file a new written statement; (ii) any additional pleading cannot be at variance or inconsistent with the original..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleading consequent to permission to amend pleading by opposite party - (i) Once a plaint is allowed to be amended, the defendant may also ask for leave to amend the written statement by way of consequential amendment - Ordinarily, this should be the practice to be followed by the Courts permitting amendment in..........
Limitation Act, 1963, Section 3 -- Plea of limitation - Not adversely effected by impleadment of proposed defendants - Plea of claim being barred by time - Limited to impleaded defendants - Civil Procedure Code, Order 1 Rule 10 and Order 22 Rule 2...........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Interest - Suit where question of mortgage involved - Interest would have to be in accordance with provisions of Order 34 Rule 11 and not Section 34 - Governed by contract between the parties...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Conditions precedent to bring bar constituted under Order 23 Rule 23 - A for rendering subsequent suit not maintainable : (i) there has to be a lawful compromise between the parties, (ii) compromise should be in writing and signed by the parties, (iii) such compromise should be recorded in the Court upon the statements of..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Death of defendant before recording of evidence - Decree can be passed on admission in written statement under provisions of Order 12 Rule 6 - Provisions of Order 23 have no application - Bar to maintainability of suit under Order 23 Rule 3A - Not applicable...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Objection that suit barred under Order 23 Rule 3 - A not raised in written statement - Deemed to have been waived even if such objection available as participated in suit proceedings and even in appeal without raising said objection...........
Civil Procedure Code, 1908, Order 21, Rule 32(2) -- Warrants of possession issued by Executing Court on application by decree - holder under Order 21 Rule 32 that there has been violation of decree for permanent prohibitory injunction - Not permissible - Order 21 Rule 32(2) does not empower Executing Court to issue warrant of possession - - Consequences of violating a..........
