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ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawing a suit and withdrawing from a suit - Distinction - When there is only one plaintiff and he withdraws the whole suit, it can be said that he withdraws the suit - However, when there are more than one plaintiff and one of them withdraws the suit, it can be said that he withdraws from suit...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 35, Order 23, Rule 1 -- Withdrawal of suit - Costs - Plaintiff withdrawing suit is liable for such costs as Court may award - Court is empowered to pass an order only in respect of costs on withdrawal of suit by plaintiff...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Section 35, Order 23, Rule 1 -- Withdrawal of eviction suit - Litigation costs - Respondent was a tenant and in arrears of rent - It therefore, cannot be said that tenant was sued without a cause - Since arrears of rent, interest and expenses to avoid eviction deposited by tenant as such no cause of action against tenant remained thereafter - No..........

ORISSA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of title - Petitioner is neither a necessary party nor proper party to suit - He cannot be impleaded - Application rightly rejected...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - While deciding application Court should look into important aspect i.e, to avoid multiplicity of litigation and also conflicting decisions being passed in different suits which would be safeguarded as a result of allowing necessary party to be impleaded in suit...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Expression `to settle all questions involved' used in O.1.R.10(2) CPC, is susceptive of liberal and wide interpretation so as to adjudicate all questions pertaining to subject matter thereof...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Word `at any stage' in O.1.R.10(2) CPC means that there is no requirement of law that an application for addition of a party as defendant must be made at any particular stage of trial - Power vested in Court under it can be exercised only when proceedings before it are alive and still pending...........

ALLAHABAD HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Mere interest of a party in suit cannot be true test for being impleaded as party - Only a necessary and proper party may be added - Plaintiff being dominus litus, cannot be forced to add parties against whom he does not want to fight unless by compulsion by law - Petitioner neither necessary party..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Provision of O.8.R.1 CPC is directory in nature and filing of written statement beyond 90 days should be allowed to avoid extreme hardship and not in routine manner...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2016
Details

Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Not filed within 90 days - Extension of time - Defendant failed to file written statement earlier as documents which were needed to prepare written statement were not available - If some more time is granted, no prejudice will be caused to rights of plaintiff, as rights of parties should be decided on..........

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