In a partition suit, a plaintiff may not be aware of all the common ancestral properties at the time of filing the suit -- Where during the pendency of the case the plaintiff acquires knowle..

There is no bar on filing a complaint under S.138 of the NI Act against a sick company -- Even where a restraint order exists under S.22-A of SICA, the nature of such restraint order and the..

Since proceedings under the Rent Act relate to continuing obligations and recurring liabilities, the plea of res judicata cannot be mechanically invoked to bar amendments that concern period..

Since proceedings under the Domestic Violence Act are civil in nature, a Magistrate possesses implied power to restore a petition filed under S.12 of the Act that was dismissed in default --..

Where the defendant alleged that the plaintiff had obtained signatures on blank stamp papers and thereafter fabricated the agreement of sale, the defendant offered no justification for his c..

A settlement deed cannot be cancelled unilaterally by executing a revocation deed -- Registration of such a unilaterally executed revocation deed is equally impermissible in law--Specific Re..

For the purpose of O.7 R.11 CPC, the existence of a cause of action is to be ascertained solely from the contents of the plaint and nothing else--CPC, 1908, O.7 R.11. (Para 20)..

A decree passed in a suit for permanent injunction binds only the parties to that suit -- It has no binding effect on any third party who has not been impleaded in the proceedings--Specific ..

Where a plaint seeks cancellation of a sale deed on two grounds — non-payment of sale consideration and fraud — even if the suit is not maintainable on the first ground, the plaint as a ..

The requirement to examine the process server on oath arises only in cases where the returned notices have not been verified on oath -- CPC, 1908, O.5 R.19 (Para 11) Service of summons --..

Where an execution petition is filed within two years from the date of the decree, it squarely falls within the proviso to O.21 R.22(1) CPC -- The Executing Court is therefore competent to d..

Opportunity to explain answer given in cross-examination -- Where a landlord seeks an opportunity to explain an answer given during cross-examination, allowing such re-examination would not ..