Today CPC Suryanarayanan
[12/27, 10:27] Cpc G. Surya Narayanan Mhc Advt: Section 11
Gangai Vinayagar Temple & others vs Meenakshi Ammal & others
2009(8) SCJ 202
Suit for injunction by lessee against temple/ owner- temple filed two suits for arrears of rent- temple filed written statement that they are not forcibly evicting tenant- one suit for arrears partly allowed and other suit dismissed- lessee filed appeal against part decree- temple raised objection appeal barred by resjudicata since lessee didn’t challenge dismissal of injunction suit- appeal allowed and appeal filed by temple therefrom dismissed- held non- filing of appeal does not amount to resjudicata- findings invited at the instance of a party binds him till it is set aside in appeal
Section 34
2009(8) SCJ 587
Tahazhathe Purayil Sarabi & others vs UOI & another
Where statute does not provide specific provision for payment of interest on award amount- court can grant under interest act or cpc- interest can be claimed on any amount decreed or awarded for the period during which money is due and remained unpaid
Order 1 rule 1
2009(8) SCJ 819
Hidayathkhan Bismillakhan Pathan is vs Vaijnath & others
Held, there is no legal foundation that respondent 20 wife of respondent 2 cannot be transposed as appellant as she was not represented before the High Court in second appeal
Order 1 rule 10
2009(8) SCJ 971
Payappar Sree Dharmasastha Temple A.com vs A.K.Josseph & others
Judgement not binding When in previous suit , the proper and necessary party are not added-
[12/28, 14:03] Cpc G. Surya Narayanan Mhc Advt: ORDER VI RULE 17 –
2009(8)SCJ 712
P.A. JAYALAKSHMI VS. H. SHARADHA AND OTHERS
Court must bear in mind statutory limitations brought in by the Proviso when the Court should be liberal in allowing application for amendment of pleadings.
ORDER VI RULE 17 –
2009(8) SCJ 401
REVAJEETU BUILDERS AND DEVELOPERS VS. NARAYANASWAMY AND SONS AND OTHERS
Courts have very discretion in allowing amendment of pleadings – Court should see whether such amendment is necessary for determination of real question in controversy – if other side can be compensated by cost, there is no injustice or prejudice.
