Civil Procedure Code, 1908, Order 1, Rule 3A, 4, 5, 9 -- Non-joinder - mis-joinder - Effect of - No suit shall be defeated by reason of non-joinder or mis-joinder of parties and the court may in either case deal with the matter in controversy so far as it regards the rights and interests of the parties actually before it...........
Civil Procedure Code, 1908, Order 1, Rule 2 -- Nature of provisions - Procedural Law - It is well understood that procedure is the handmaid of justice and not its mistress. Scheme of Order 1 and Order II clearly shows that the prescriptions therein are in the realm of procedure and not in the realm of substantive law or rights - An objection of mis-joinder of plaintiffs or..........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 1, Rule 2 -- Mis-joinder of parties or cause of action - Barred by any law - Rejection of Plaint - A suit barred for misjoinder of parties or of causes of action - Not barred by law within the meaning of order VII Rule 11 (d) of the Code...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 2, 3-A, 4, 5, 9, 10, Civil Procedure Code, 1908, Section , Order 2, Rule 3, 6 -- Consolidation of suits - Power of court - Consolidation is a process by which two or more causes or matters are by order of the Court combined or united and treated as one cause or matter - The main purpose of consolidation is therefore to..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 2, 3-A, 4, 5, 9, 10, Civil Procedure Code, 1908, Section , Order 2, Rule 3, 6 -- Consolidation of suits - The jurisdiction to consolidate arises where there are two or more matters or causes pending in the court and it appears to the court that some common question of law or fact arises in both or all the suits or that..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Second application is maintainable - Dismissal of earlier application is not the criteria to decide second application - Second application is maintainable on the ground of subsequent events - Court should examine subsequent events in proper perspective...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - A duty is cast upon the Court to satisfy itself that there exist proper grounds and reasons for granting permission for withdrawal of suit with leave to file fresh suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit on the same cause of action - 'Other sufficient grounds' - Meaning - Power is not restricted only to cases where the suit filed suffers from a technical defect...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Trial Court held that suit is barred by limitation - On said count suit cannot be allowed to be withdrawn...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - 'Possession relevant consideration to grant injunction - Suit for declaration that plaintiff owner in possession of suit land - Injunction also sought restraining defendant from interfering in possession - Claim based on enteries in revenue record - Defendant asserted his title and possession over..........
