Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to change the name of plaintiff company - Change of name of company would not change or affect the basic nature of suit - Moreover, no amendment in pleadings is being sought by plaintiff as a consequence of amendment in the change of name of company - Case is still at initial stage, as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Eviction proceedings - Petitioners sought their impleadment on ground that they are owners of suit property - Disputes of landlord and tenant cannot be converted into title dispute by of impleadment of third party claiming ownership - Application rightly rejected with liberty given to petitioners..........
Evidence Act, 1872, Section 116 -- Estoppel - Denial of title of landlord by tenant - Original tenant accepted grandmother of appellants as his landlady and thereafter continued to pay rent to her son father of appellant - Tenant is estopped to dispute status of appellants as his landlord in a suit for eviction...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Injunction suit - If in an earlier suit for injunction simplictor, issue of title was raised and decided therein, same operates as res judicata in subsequent suit on title...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Validity of gift deed in earlier suit for injunction though left open by trial Court to be decided in separate suit but appellate Court proceeded to consider the validity and genuineness of gift deed by upholding the same - Appellate Court did not make any reservation as was made by Trial Court - Finding regarding..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar of limitation - Suit for possession on the basis of title - Possession of defendants become adverse on the execution of sale deed in 1987 - Aspect of knowledge being obtained by plaintiffs of such transaction would not come into play - Period of limitation would commence from 1987 - Suit filed in..........
Civil Procedure Code, 1908, Section 92 -- Leave to file suit u/s 92 CPC - Petition u/s 92 CPC should contain all pleadings in the plaint with reliefs sought and materials relied on - It mandates an exact replica of plaint in addition to cause title - Leave granted in an interlocutory application supported by an affidavit is bad in law and does not satisfy the requirement..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Suit for declaration of title and proceedings for grant of succession certificate - Both proceedings are different and jurisdiction of Courts is also different - S.10 CPC is not attracted to stay the proceedings initiated for grant of succession certificate...........
Civil Procedure Code, 1908, Order 41, Rule 23A -- Remand of case - Suit for declaration - High Court while dismissing the appeal and suit as partly decreed by Trial Court held that plaintiff was not able to prove his title to land in suit due to no, examination of his vendor - All that High Court in such circumstances should have done was to remand the case to trial Court..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Amin (Court) Commissioner - Suit for declaration of right, title and interest and correction of settlement map - Dispute as to measurement of land - There is no impediment to appoint Amin Commissioner to ascertain measurement of land - Application allowed...........
