Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought for taking objections that suit is bad for non-joinder of necessary parties - Facts in question were always in light and were never in shade - Objections taken by defendants five years after remaining successful before trial Court were frivolous and rightly disallowed -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Petitioner is the son of original tenant of suit property - However, petitioner failed to establish that he was normally residing with his father at the time of his death to entitle him to seek impleadment on the ground that he has acquired tenancy rights by inheritance - Application..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Partition suit - In a suit for partition, each party is plaintiff and even if plaintiff is not proceeding with the suit, Court was required to proceed with the suit - Suit dismissed in the year 2016 having no legal or rational reason - Time passed is almost 8 years - Suit restored...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Point of limitation is mixed question of law and fact, which is to be decided in the main suit - Plaint cannot be rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cause of action - Suit for declaration and injunction - Plaint discloses all the factors and also shows that defendant is trying to sell the land - Contention of defendant that there is no cause of action cannot be accepted - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Section 10 -- Stay of first suit - Second suit filed by defendant was merely a ploy to delay the proceedings in the first suit - Order dismissing application, upheld...........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Out of Court settlement - Civil suit dismissed on an application filed U.O.23.R.1 CPC, as plaintiff does not want to continue the proceedings - Parties have entered into an outside Court settlement and does not want indulgence from Court for outside Court settlement - In such..........
Agreement to sell -- Specific performance - Relief of specific performance cannot be denied to plaintiff merely because plaintiff has alternative remedy of refund of amount as per agreement in case of breach of contract, particularly when defendant admitted the execution of agreement and amount received for construction of house and utilization of said amount for..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for mandatory and permanent injunction filed by only one of legal heirs of deceased - To hand over the original R.C of vehicle purchased by father of plaintiff and to restrain them from taking possession of the same in an illegal or forcible manner - When vehicle purchased by deceased was inherited..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration filed by Society through its secretary - Death of Secretary - Death of Secretary informed to Court - Trial Court on the same day was not justified in rejecting the plaint - Trial Court should have followed the procedure prescribed U.O.22.R.10-A CPC...........
