Topic
The Delhi High Court held that a buyer’s awareness of existing mortgage defeats a fraud claim for refund of sale consideration. The court applied caveat emptor, holding that knowledge of encumbrances negates fraud claims and bars vexatious suits.
MP High Court affirms that courts may permit impleadment of necessary parties, such as co-heirs in ancestral property disputes, even at the final argument stage under Order I Rule 10 CPC. The ruling underscores judicial discretion to prevent prejudice and ensure complete justice, overriding objections of delay or procedural belatedness.
The Bombay High Court at Goa has ruled that government departments cannot be removed as defendants in a civil suit without a detailed examination of their connection to the cause of action under Order I Rule 10(2) CPC. This decision reinforces administrative accountability by preventing courts from arbitrarily dismissing public bodies whose involvement is legally relevant, ensuring that victims of multi-party administrative failures have full recourse to justice.
Punjab & Haryana High Court clarifies that amendments under Order 6 Rule 17 CPC should not cause irreparable prejudice, even at advanced stages of trial, subject to costs.