Cpc G. Surya Narayanan Mhc Advt: ORDER VI RULE 17 – 2009 (6) SCJ 608

[12/23, 18:22] Cpc G. Surya Narayanan Mhc Advt: ORDER VI RULE 17 –
2009 (6) SCJ 608

SUMASH SINGH VS. PHOOLAN DEVI AND OTHERS

Suit for setting aside sale deed – original plaintiff died and application for amendment allowed – application filed by 2nd defendant for amendment was also allowed by Trail Judge – Revision stating that additional written statement can be filed to amended plaint for subsequent events – there is no categorical or unequivocal admission which is recalled by amendent.

ORDER XXI RULE 72 A –
2009 (6) SCJ 46

RANI ALOKA DUDHORIA AND OTHERS VS. GOUTAM DUDORIA AND OTHERS

Partition suit decreed – Court directed sale of properties by auction – valuation of property is to protect the right of the property and Court has to fix reserve price – inherent power cannot be resorted to circumvent mandatory provisions of the code.
[12/24, 11:22] Cpc G. Surya Narayanan Mhc Advt: ORDER XXII RULE 9 –
2009 (6) SCJ 18

TARA CHAND AND OTHERS VS. MUNICIPALITY GHARAUNDA

Trial Court dismissed the suit for permanent injunction which was set aside in appeal and Decree of Trial Court restored in Second Appeal without framing substantial question of law – appeal also held abated against some of the dead appellants – appeal allowed with direction for fresh consideration.

ORDER LXI RULE 23, 23A, 25, 27 AND 28 –
2009 (6) SCJ 254

Suit for permanent injunction decreed – application for additional evidence that there was no opportunity to adduce evidence allowed – matter remanded for fresh disposal for a portion of claim – Order of remand not in accordance with Rule 23 , 23 A, 25 – Order of High Court modified.

SECTION 92 –
2009 (7) SCJ 200

MANDAL PANCHAYATH KUNSAGI VS NORTH EASTERN K R T C

Suit for mandatory injunction to demolish the shops constructed by the appellant decreed – appeal allowed and second appeal allowed – held suit filed by statutory corporation for the relief sought for is maintainable.

SECTION 114, ORDER LXVII RULE 1 –

2009 (7) SCJ 827

INDERCHAND JAIN (D) THROUGH LRS VS. MOTILAL (D) THROUGH LRS

Suit for specific performance decreed – appeal allowed by Single Judge of the High Court – Intra Court Appeal before Division Bench remanded to Single Judge – Single Judge allowed the appeal – review filed by both the parties and the order was recalled to post the matter for fresh hearing – held rehearing of the matter is impermissible in law.