Search Results for "Multiplicity of Proceedings"

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High Court of Karnataka Allows Joint Trial of Two Cheque Dishonour Cases Under Section 219 CrPC — Same Accused, Same Transaction, Same Year. The court held that joint trial is permissible to avoid multiplicity of proceedings and conflicting judgments.

The petitioner, Puttanagouda, was being prosecuted in two separate cases under Section 138 of the Negotiable Instruments Act, 1881, namely C.C. No.221...

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Bombay High Court Allows Amendment of Plaint in Suit for Cancellation of Sale Deed — Pre-trial Amendment Must Be Liberally Allowed to Avoid Multiplicity of Proceedings. Order VI Rule 17 CPC permits amendment at any stage before trial to determine real questions in controversy between parties.

The petitioners, original plaintiffs, filed Special Civil Suit No. 1210/2017 in 2017 seeking cancellation of a Sale Deed dated 13.11.2016 in respect o...

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High Court of Bombay at Goa Dismisses Petition Challenging Impleadment of Purchaser Pendente Lite. Order 1 Rule 10 CPC Impleadment Proper as Purchaser is Necessary Party to Avoid Multiplicity of Proceedings.

The petitioner, Fabrica Da Igreja De Vasco, purchased the suit property from the original defendant No.1 during the pendency of a suit filed by respon...

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Bombay High Court Allows Appointment of Court Commissioner in Partition Suit to Ascertain Breach of Injunction. Court Commissioner under Order XXVI Rule 9 CPC can be appointed to record change in structure despite pending suit, as it aids in revealing truth and preventing multiplicity of proceedings.

The petitioner, Kavita Pramod Firke, filed a suit for general partition in the trial court. During the suit, she obtained a temporary injunction restr...

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Bombay High Court Allows Additional Evidence and Amendment in Specific Performance Suit — Remands for Fresh Trial. Appellate Court's Power under Order 41 Rule 27 CPC is wide to do substantial justice, and amendment under Order 6 Rule 17 CPC can be allowed at appellate stage to avoid multiplicity.

The dispute revolves around a suit for specific performance of contract filed by the respondent (plaintiff) against the appellant (defendant). The tri...