Code of Civil Procedure, 1908 – The High Court was hearing the Second Appeal under section 100 of Code of Civil Procedure, 19082 and it having reappreciated the findings to disturb findings of fact, committed an error. (Para 9.2) Adverse Possession – The suit of the year 1944 was for the arrears of rent and …
Code of Civil Procedure, 1908 – Indian Evidence Act, 1872 – Provisions of the Code as also the Evidence Act do not differentiate between a party to the suit acting as a witness and a witness otherwise called by such a party to testify – the term witness does not exclude the party to the …
Code of Civil Procedure, 1908; Section 115, Order IX Rule 13, Order XLIII Rule 1(d) – When an application is filed seeking condonation of delay for seeking setting aside an ex-parte decree and the same is dismissed and consequently, the petition is also dismissed, the appeal under Order XLIII Rule 1(d) CPC is maintainable- When …
Order VI Rule 17 CPC says a Court can allow amendment at ‘any stage of proceedings’. It is true that the proviso to this Rule restricts the scope of it after the stage of commencement of trial. But even thereafter amendment can be allowed in deserving situtations. So the question here actually is whether ‘any …
O VI R 17 CPC – Amendment of Plaint At Appeal Stage Read More »
Rule 1 of Order XXIII provides that when a plaintiff once institutes a suit in a Court and thereby avails of a remedy given to him under law, he cannot be permitted to institute a fresh suit in respect of the same subject-matter again after abandoning the earlier suit or by withdrawing it without the …
The Supreme Court in Ambalal Sarabhai Enterprise Ltd. vs. KS Infraspace LLP Ltd., (2020) 5 SCC 410 observed: The grant of relief in a suit for specific performance is itself a discretionary remedy. A plaintiff seeking temporary injunction in a suit for specific performance will therefore have to establish a strong primafacie case on basis of …
Temporary Injunction In Suit For Specific Performance Read More »
In IDBI Trusteeship Services Ltd. v. Hubtown Ltd., (2017) 1 SCC 568, the Supreme Court laid down the following principles: (1) If the defendant satisfies the court that he has a substantial defence, that is, a defence that is likely to succeed, the plaintiff is not entitled to leave to sign judgment, and the defendant …
O XXXVII R 3 – Conditional Grant Of Leave To Defend In Summary Suit (Principles) Read More »
Can a written statement filed after 120 days from the date of service of summons in a commercial suit can be taken on record? Order VIII Rule 1 CPC (as applicable to Commercial Suits) reads as follows: Written Statement. – The defendant shall, within thirty days from the date of service of summons on him, …
O VIII R 1 CPC – Written Statement Filed After 120 Days In Commercial Suits Read More »
When a defendant does not appear when the Suit is called on for hearing on receipt of summons, we can see Courts passing order setting defendant Ex Parte. Is such an order contemplated under CPC? In Sangram Singh vs Election Tribunal [AIR 1955 SC 425], the Supreme Court termed such a practice as ‘erroneous’. “The fact that …
O IX R 6 CPC – Does CPC Contemplate An Order Setting Defendant Ex Parte ? Read More »
Can a second appeal be filed solely with a prayer to expunge some findings made in the judgment by the First Appellate Court.? Section 100 CPC reads as follows: (1) Save as otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall …
S 100 CPC – Second Appeal To Expunge ‘Adverse Findings’ Read More »