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SANDEEP N. BHATT
Rameshbhai Punabhai Bavda – Appellant
Versus
Lrs Of Dhanjibhai Veljibhai Raiyani – Respondent
ORDER :
1. This petition is filed under Article 227 of the Constitution of India for the following prayers:
b. Pending adjudication of the present writ petition, your lordships, may be please to stay the proceedings of the Special civil suit no.125/2011 pending before Ld.Additional Senior Civil Judge, Gondal, Annexure `A’ colly.
C. xxxxx”
2. The brief facts, as stated in the memo of the petition, are such that the present petitioner no.1 purchased the open land admeasuring 873-8 sq.yards situated at plot No.32 of R.S.No.40/1 in Kangashiali village of Lodhika taluka of Rajkot district from present opponent no.3 vide sale deed dated 28.2.2008 bearing registration no.2038 before Sub-Registrar’s office Gondal and the said sale deed was executed by the power of attorney (Amit S Mehta) of the present opponent no.3; that the present petitioner nos.2 to 5 purchased the above
High Court can set aside or ignore findings of facts of an inferior court or tribunal, if there is no evidence at all to justify or the finding is so perverse, that no reasonable person can possibly ....
Omission to frame an issue would not vitiate the trial if the parties were aware of the issue and led evidence on it.
The main legal point established in the judgment is that the proposed issues by the defendant no.1 were already covered by existing issues and did not need to be separately framed. The Court also emp....
The court upheld the trial court's decision to deny the petitioners' application to join the suit, emphasizing the necessity of parties and the principle of dominus litis in civil proceedings.
All necessary amendments for determining the real questions in controversy should be allowed, provided it does not cause injustice or prejudice to the other side. Delay alone cannot be a ground to di....
The main legal point established in the judgment is that the discretionary power to add parties under Order 1 Rule 10 of the Code of Civil Procedure should be exercised to ensure the effective adjudi....
All amendments necessary for determining the real issue in controversy between the parties must be allowed, and the fact that the amendment may be belated cannot be a ground to disallow the amendment....
The court has the authority to reject suits under Order 7 Rule 11(d) of CPC if they are manifestly vexatious and grossly delayed, even in the absence of a plea of limitation.
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