Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10, Transfer of Property Act, 1882, Section 52 -- Purchaser lis pendence without leave of the Court - Not a bonafide purchaser - Has no locus standi to file an application for setting aside the order and to become a party in the appeal as by that time, not only the appeal was..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Additional issues - Suit for specific performance - Application u/O.1 R.10 by sons of vendor claiming that suit property is Joint Hindu Family Property and vendor is merely a co-parcerner therein, having 1/7 share - Rejected by Trial Court - Application by vendor for framing additional issues raising same questions. Held -..........
Civil Procedure Code, 1908, Section 151, Order 8, Rule 1 -- Written statement - Filing within 90 days - Period of 90 days already expired - Application filed for invoking inherent powers of Court - Provision of O.8.R.1 is directory - No serious default can be found on part of defendant in seeking relief as envisaged U.O.8.R.1 by labelling application u/s 151 CPC - No..........
Civil Procedure Code, 1908, Order 23, Rule 1, 3 -- Compromise - Setting aside of - Appeal withdrawn on the basis of statement of parties - Application seeking recalling of the withdrawal order on the ground that compromise between parties not lawful - No written compromise created or presented before Court to record a compromise and pass a decree - Court simpliciter..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Agreement to sell - Land acquired - Suit for recovery of earnest money - Impleading of co-owners - Neither necessary nor proper party - Any right of the petitioners against the co-owners of the land is a separate and independent right and the rights inter se between them cannot form subject of the suit in..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo - In absence of any finding with regard to possession, Court cannot pass an order of status quo to be maintained by the parties...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Even if a party seeking injunction is capable to establish a prima facie case, unless he is in possession of the disputed property, the Court may refuse to grant injunction considering other ingredients such as irreparable loss and balance of convenience...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Non impleadment of necessary party - Any decree obtained wihtout implading the necessary parties is null & void...........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Can be delivered with leave of Court to the parties to the suit and not to any person who is not a party to the suit...........
Civil Procedure Code, 1908, Order 14, Rule 1, Punjab Public Money(Recovery of Dues) Act, 1983, Section 4, Haryana Public Moneys (Recovery of Dues) Act, 1979, Section 3(4) -- Question of jurisdiction - Non framing of Specific issue - Court examined the question of jurisdiction interms of the provisions of the Act of 1983 - Plaintiff aware of issue involved in the suit -..........
