Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent purchasers - Suit for specific performance - Petitioners purchased the disputed land during pendency of suit proceedings that too when there was restraint order against defendant not to sell suit property - Moreover, no relief was claimed by plaintiff against petitioners - Petitioners being..........
Will -- Proof of - Thumb mark of testator exists after written part of Will comes to an end - Both the attesting witnesses of Will have successfully withstood searching questions put by counsel representing plaintiff during cross-examination - Testator appeared before Registrar at the time of registration of Will - Photographs of testator along with witnesses and..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to correct the date of death of one person mentioned in plaint - Plaintiff specifically pleaded that by making amendment, neither nature of suit will be changed nor any prejudice will be caused to defendants - Evidence of parties have already been led and matter is posted for final..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Concurrent findings of Courts below that plaintiff miserably failed to prove his possession and ownership over plot in question and accordingly his suit is dismissed on merits - Findings of fact are based on appreciation and re-appreciation of evidence and do not suffer from any..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Delay in progression of suit for various reasons and even if a part of those factors could be referable to delay on the part of plaintiff, that cannot take away the substance of matter as regards question as to whether prayer for filing rejoinder was to be granted or not...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - By balancing the operations of rules of procedure, in the peculiar facts and circumstances of the instant case, rejoinder allowed to remain on record and at the same time contesting defendants allowed to file their further pleadings in the form of sur-rejoinder, which shall remain confined to any such fact, if at..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of Local Commissioner - Boundaries of suit land were ascertained by way of demarcation conducted by Local Commissioner - Plaintiff objected to report of Local Commissioner only on the ground that demarcation was not carried out on basis of old record - Objections rejected on the ground that in absence of challenge to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Inter State water river dispute - Suit was pending between two States for the last 19 years - During last 19 years, various developments have taken place and it will be extremely difficult to consider the matter purely from prospective of grant or non-grant of interim relief - Proper course would be..........
Agreement to sell -- Specific performance - Non joinder of necessary parties - Plaintiff himself admitted that suit property was jointly owned by defendant, his wife and three sons - Specific objection was also taken by defendant in his written statement with regard to non-joinder of necessary parties - No effective decree therefore, could have been passed in their..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Cause of action on which suit is filed by plaintiff is quite different than cause of action on which defendant intended to file counter claim - Counter claim if permitted would change the nature of suit - Order refusing to file counter claim is proper...........
