Citations
Querist :
Anonymous
(Querist) 03 April 2010
This query is : Resolved
Dear all LCI members,
Kindly help me with the full text of the below judgements at the earliest.
1. Civil Procedure Code, 1908, O.6.R.17 - Plaint - Amendment - Prayer for amendment must satisfy two conditions (i) that it is not causing injustice to the other side; and (ii) the proposed amendment is necessary for the purpose of determining the real questions in controversy between the parties. 2010(1) Civil Court Cases 579 (P&H)
2. Civil Procedure Code, 1908, O.6.R.17 - Pleadings - Amendment can be allowed at any stage unless and until it is shown that the plea sought to be incorporated by way of amendment, was not in the knowledge of the plaintiff at the time of filing of the plaint or written statement. 2010(1) Civil Court Cases 600 (Allahabad)
3. Limitation Act, 1963, S.58 - Suit for declaration - Limitation is three years from the date when the right to sue accrues first - Right to sue arises when defendant actually tries to assert his right and interferes with the possession of the plaintiff and not when defendant is successful in getting the property in his name. 2010(1) Civil Court Cases 802 (Delhi)
4. Arbitration and Conciliation Act, 1996, S.8 - Arbitration - When an arbitration agreement exists between parties Court is under obligation to refer the parties to arbitration in terms of the arbitration agreement. 2007(1) Apex Court Judgments 407 (S.C.)
5. Wrong provision of law - Quoting wrong provision in the title of an application is never fatal. 2010(1) Civil Court Cases 686 (Allahabad)
6. Civil Procedure Code, 1908, O.6.R.17, East Punjab Urban Rent Restriction Act, 1949, S.13(3)(i)(a) - Eviction petition - Amendment - Eviction petition filed on the ground of arrears of rent - Amendment sought to seek eviction on the ground of personal necessity - Nothing stated in the amendment application on the basis of which it may be concluded that the ground of personal necessity has arisen after the commencement of trial or that the facts which the petitioner wants to plead were not within his knowledge despite exercise of due diligence before the commencement of trial - Order dismissing application upheld. 2010(2) Civil Court Cases 282 (P&H)
7.Clean hands - Incorrect statement of fact/concealment of material facts - Amounts to criminal contempt - Exceptional costs imposed. 2010(2) Civil Court Cases 139 (Allahabad)
Kiran Kumar
(Expert) 04 April 2010
Civil Court Cases is a reporter which is commonly available in Punjab, Haryana and Chandigarh.
u may find it in New Delhi as well.
since most the judgments mentioned by you are from P&H high court and these are not available online. So approach some lawyer in person for this purpose.
