Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of transferee purchaser and amendment of plaint - Suit for specific performance - Suit land was firstly transferred by vendors to defendant `H' and during pendency of suit defendant `H' further transferred the same to third party - Though third party to agreement to..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Additional written statement - Contradictory stand has been taken by defendant in proposed additional written statement than what was pleaded in earlier written statement - Application rightly rejected...........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Not filed alongwith application - In absence thereof it is impossible for Court to know what exactly is sought to be pleaded in proposed rejoinder - Order granting leave to file rejoinder set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint sought at the stage when arguments were heard in part - Amendment declined merely on the ground of delay - Court below should have adjudicated the amendment keeping in view the fact as to whether amendment is necessary to decide real question in controversy and also whether proposed amendment if allowed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - While dealing with an amendment application Court should not go into merit of claim made in proposed amendment...........
Indian Penal Code, 1860, Section 376, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of FIR - Prosecutrix consented to go with accused with active understanding of circumstance of action and consequences of proposed act - She had sufficient opportunity to disclose, the inducement or threat posed by accused to her family members but she kept everything..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Injunction suit - By way of amendment of plaint relief of declaration that sale deed is null and void sought - There is no enlargement of scope except elucidation of issue in controversy by seeking a specific prayer for declaration of title - Nature of suit also does not get changed by introduction of..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Prima facie evidence available on record was ignored by trial Court while allowing application for summoning of additional accused - Sufficient evidence was collected by I.O which does not suggest involvement of proposed accused in the crime - Order allowing application u/s 319 Cr.P.C. set..........
Civil Procedure Code, 1908, Order 6, Rule 17.O -- Amendment of written statement and further to raise counter claim - Application filed after six years of filing of written statement when evidence of plaintiff was almost over - Defendants were very much aware of such facts at the time of filing written statement - Proposed amendment not necessary for determining real..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 364, 366, 376, 307 -- Summoning of additional accused - Kidnapping, rape and attempt to murder - Incident took place in the Hotel - CCTV footage of Hotel indicates that no other person visited hotel except main accused - Evidence recorded during course of prosecution if remain unrebutted, will not..........
