Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Defendant has full notice of suit and application U.O.15.R.5 CPC - But he chose to adopt a course to file objection and not to make good the default - Since defendant is found to have committed default, he stands exposed to consequences of O.15.R.5 CPC - Defence of defendant rightly struck off...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Leave to amend may be refused if it introduces a totally different, new and inconsistent case or challenges fundamental character of suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Plea that due to oversight and mistake some important facts not included in written statement - Amendment declined as (i) amendment sought is not only belated but also not bona fide; (ii) in case amendment is allowed the same would change nature and character of defence taken by defendant;..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Partition suit - Plaintiffs are aged about 80 years and 72 years respectively - They are senior citizens - Application pending before Court below for more than 9 years, which is very unreasonable and contrary to procedure contemplated under law - Petitioners have to get fruits of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A creditor can maintain a civil suit and criminal proceedings at the same time - Both the proceedings can run parallel...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit and prosecution u/s 138 of N.I. Act initiated - Both the proceedings can run parallel - Amount found not recoverable on merits by civil Court - Amount cannot be recovered in a prosecution u/s 138 of N.I. Act - Judgment of civil court is relevant in this context to decide as to whether amount..........
Civil Procedure Code, 1908, Order 21, Rule 95, Limitation Act, 1963, Article 134 -- Auction sale - Delivery of possession of property not asked within statutory period of one year by auction purchaser - Auction purchaser has no right to file a fresh suit for enforcing delivery in execution - However, suits which do not offend u/s 47 CPC and suits for possession on strength..........
Indian Penal Code, 1860, Section 420 -- Cheating - Agreement to sell - Suit for specific performance also filed - Civil proceedings can go side by side criminal proceedings...........
Indian Penal Code, 1860, Section 420, 34 -- Cheating - Property dispute - Complainant clearly and categorically stated in the complaint that accused had a dishonest intention from day one and never intended to sell suit property in spite of payment of Rs.51 lacs by complainant - Necessary averments in terms of offence punishable u/s 420 IPC are available on record -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit involves valuable interest of general public and as to how property was being transferred and was going to be put to use by Municipal Committee - It is thus, a matter of evidence and it is a not case where suit is barred as such - Plaint not liable to be rejected - Application dismissed...........
