civil court trying the suit has to stay the further proceedings of the suit until disposal of the rectification proceedings. At the same time ... plea, but independent of the suit, during the pendency of that very suit he is free to move rectification application and again plead
that the suit may be decreed.
4. The first defendant is the contesting defendant, and his case Was that the suit for rectification ... being a suit in ejectment, the plaintiff has not established his possession within 12 years of suit. In the result, the suit was dismissed
Junior Division) Ghaziabad in Original Suit No.52 of 2014 decreeing the suit of the plaintiff.
2. An Original Suit ... Jassi, who is defendant no.3 in the suit. The suit brought by plaintiff was for rectification of the sale deed dated
adverse possession and another relating
to the limitation to file a suit for rectification of the sale
deed are to be framed.
10
11. Since ... Court and the First Appellate
Court are justified in decreeing the suit for rectification
of the sale deed despite the suit being filed beyond
that the suit may be decreed.
4. The first defendant is the contesting defendant, and his case was that the suit for rectification ... being a suit in ejectment, the plaintiff has not established his possession within 12 years of suit. In the result, the suit was dismissed
decree came within the scope of the suit which
was in no respect a suit for rectification. It was in the aforementioned fact
situation held ... decree came
within the scope of the suit, which was in no
respect a suit for rectification..."
We are not concerned herein with
that relief in regard thereto can be granted even though a suit for rectification has not been filed vide Mahadeva Aiyar v. Gopala Aiyar ... sued to have the document rectified and even though a suit for rectification is barred by limitation, nevertheless the Court is entitled to give
filing the suit for declaration and permanent injunction as well as to file suit O.S. No. 96/1979, seeking relief for rectification of revenue ... suit earlier, as such, the plaintiff's present suit is barred by time. That the suit has not been maintainable even for rectification
creating third party rights during the pendency of the suit;
(iv) that the Rectification Deed could have been executed only
within three years ... have suffered on account of the amendment of the suit in pursuance to the
Rectification Deed.
27. The error in description appears to have occurred
justified in dismissing the suit. For restoration of such a suit,
Rules 8 and 9 of Order IX of the Code of Civil Procedure would ... mistake by filing an
application for restoration of the suit. Rectification of a mistake could
be made at any time. It was the duty
