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Gujarat High Court Allows Impleadment and Amendment in Specific Performance Suit — Trial Court Order Rejected. Proposed Parties in Possession Are Proper Parties Under Order 1 Rule 10 CPC, Their Impleadment Necessary to Avoid Multiplicity of Proceedings.

The petitioners, original plaintiffs in Special Civil Suit No. 48 of 2010 pending before the 4th Senior Civil Court, Porbandar, filed a writ petition ...

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Gujarat High Court Allows Amendment of Plaint in Specific Performance Suit — Impleadment of Government Officers Permitted. Pre-Trial Amendment Liberally Allowed to Avoid Multiplicity of Litigation Under Order 1 Rule 10 and Order 6 Rule 17 CPC.

The present petition was filed under Article 227 of the Constitution of India by the petitioners, who are the original plaintiffs in Special Civil Sui...

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Gujarat High Court Dismisses Petition Challenging Rejection of Amendment Application in Civil Suit — Petitioner Failed to Show Due Diligence in Seeking Impleadment After 14 Years.

The petitioner, original plaintiff in Special Civil Suit No. 47 of 2010 pending before the 4th Senior Civil Court, Porbandar, filed a writ petition un...

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High Court of Bombay Allows Appeal in Civil Suit Remand Case — Remand Order Set Aside as Appellate Court Exceeded Jurisdiction Under Order 41 Rule 23A CPC. The appellate court cannot remand a suit for retrial when the trial court has already decided it on merits without any procedural irregularity.

The appeal arises from a judgment and order dated 22 March 2022 passed by the District Judge, Raigad, setting aside the judgment and decree dated 22 A...

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Bombay High Court Allows Second Appeal in Partition Suit — Sets Aside Concurrent Findings for Non-Compliance with Order 41 Rule 31 CPC. Failure to Frame Points for Determination and Provide Independent Reasoning Renders Appellate Judgment Unsustainable.

The appellant, Bhausaheb R. Sanap, was defendant No.5 in Regular Civil Suit No.81 of 2000 filed by respondent Nos.1 and 2 (Ratnabai and Satyabhamabai)...

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Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. No Substantial Question of Law Arises as Courts Below Correctly Appreciated Evidence on Title and Possession.

The case is a second appeal arising from a suit for possession and mesne profits filed by the original plaintiff Bajirao Amrit Shinde (since deceased,...

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Bombay High Court Dismisses Writ Petition Challenging Minister's Order in Land Remeasurement Dispute. The court held that the Minister's order allowing remeasurement of Survey No.254/2 did not suffer from perversity or error of law under Article 227 of the Constitution of India.

The petitioners, six agriculturists, filed a writ petition under Article 227 of the Constitution of India challenging an order dated 7-8-2013 passed b...