Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 11(2)(b), 11(3), 11(4)(iii), 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Subsequent events - If grounds were not available on date of filing of petition, it will not fall under "defect" or "error" contemplated u/S.23(1)(j) of Act - If the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17, Kerala Buildings (Lease and Rent Control) Act, 1965, Section 23(1)(j) -- Amendment of Pleadings - Rent and Eviction - Grounds available for amendment u/O.6.R.17 of CPC is more wide than grounds provided u/S.23(1)(j) of Act - But in view of rigour u/S.23(1)(j) of Act such grounds available u/O.6.R.17 cannot be..........
Civil Procedure Code, 1908, Section 148, 151 -- Extension of time to deposit arrears of mesne profits - Delay occurred due to bona fide and inadvertent mistake of counsel in furnishing wrong Bank account number - Extension of time to deposit amount granted...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Both plaintiff and defendant are in equal shares of property - Defendant is wife of plaintiff and plaintiff already directed to provide residence in shared household to his wife/defendant in petition u/s 23 of PWDV Act filed by her - In such situation granting of injunction in favour of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Cannot be granted without discussing the essential elements of prima facie case, balance of convenience and irreparable injury...........
Civil Procedure Code, 1908, Section 151 -- Inherent powers of Court - It is in addition to and complimentary to powers expressly conferred upon Court - Such powers can be exercised to serve the ends of justice but not to be exercised in derogation of express provisions of law...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 14, Evidence Act, 1872, Section 114 -- Plaintiff not appearing as his own witness - Defendant cannot compel plaintiff to examine himself as a witness - It is prerogative right of plaintiff to examine any witness - However, defendant can insist upon Court to draw adverse inference for non examination of plaintiff as..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11, Civil Procedure Code, 1908, Order 43, Rule 1(a) -- Rejection of plaint - Court can reject plaint by exercising its inherent jurisdiction and order is appealable by virtue of O.43.R.1(a) of the Code...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Evidence when not in knowledge or could not be produced even after exercise of due diligence, then additional evidence should be allowed...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Document sought to be produced by way of additional evidence not in knowledge of plaintiffs and came to their notice subsequently - Application filed by plaintiffs cannot be said to be filed with malafide intention - However, no reason mentioned by trial Court as to how document in question not relevant for..........
