executors to the estate of the mortgagee instituted the present suit for rectification of the mortgage dated 7th February 1903, and for incidental reliefs ... plaintiffs any cause of action for the suit?
2. Is the suit within time?
3. Is the suit bad for misjoinder of parties and causes
said suit being Suit No. 1283 of 1964 was instituted on the 13th July. 1964, Prior in the institution of the suit the petitioner ... mark is invalid, the Court frying the suit shall stay the suit if any proceedings for rectification of the register are pending. Now, Order
this case but must in order to obtain relief file a suit for rectification of the agreement as drawn up. This was based ... Court certainly held that his remedy was to file a suit for rectification. Jenkins, C. J., held in 28 Bom 420 Dagdu v. Bhana
apply for rectification. However, such rectification cannot affect the right of the third party. The defendants themselves having purchased part of the suit property ... held that a purchaser is not bound to institute a suit for rectification since this section is an enabling one. If a purchaser does
raised in the plaint cannot
be decided by NCLT. The suit is not for rectification of the register. It may so
happen that ... High Court judgment is clearly
distinguishable on facts. The instant suit is not for rectification of the register
or issuance of any share in breach
Indian Evidence Act is not limited in its application to suits for rectification ... instruments, but that in suits for possession, evidence of the same character would be admissible as in suits for rectification. He further expressed the opinion
filing a suit, that the scope of the suit was in any event limited as no rectification of the company's share register ... Whether for filing of a prior Civil Suit wherein no prayer for rectification of the share register has been made is a bar to filing
rectification in an interlocutory application was reversed by the Court of Appeal which held that the rectification could bo directed only in the suit ... client has got a right to file a suit against the company and ask for rectification of the share register of the company in such
decree in Title Suit No. 20 of 1981 and consequently dismissed the plaintiff's claim for rectification of these documents. As regards the rest ... property given in the decree of Suit No. 20 of 1931 were not wrong, the present suit is barred by Section 47, Civil
Mathewson vs Ram Kanai Singh Deb on 11 March, 1909
Equivalent citations: (1909)ILR 36CAL675
