Civil Procedure Code, 1908, Order 22, Rule 1 -- L.R's - Substitution - Some of L.R's impleaded - Does not mean that they alone are entitled to inherit entire subject matter of litigation - Question of inheritance is not decided and it is only a question of representation of estate which is decided under O.22 CPC - person who represents estate acts on behalf of entire body..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Suit for specific performance of agreement to sell - When interest of third party is not involved in the suit then application for impleadment cannot be allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Punjab Village Common Lands (Regulation) Act, 1961, Section 2(g) -- Charand - Injunction claimed on the basis of cultivating possession - Earlier writ petition by the residents of the village with regard to shamlat land dismissed with cost - Part of suit land subject matter of dispute in said writ also - Jurisdiction of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining defendant from interfering in possession - Right to hold property was on strength of lease deed for a period of 99 years which was duly registered - Registered document carries evidentiary value - Grant of injunction, held, not illegal...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Abandonment of claim - Withdrawal of suit unconditionally - Subsequent suit on same grounds - Res judicata not applicable in its strict sense - However, plaintiff is debarred from seeking decree on the same grounds on the principle of abandonment of claim...........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond statutory period - Court can condone delay in filing written statement and also the extend time to file written statement...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Applicant happens to be wife and claiming rights on the basis of Will executed by the person whose property is in dispute - Moreso plaintiffs of two suits out of three consolidated suits have no objection if petitioner is impleaded as a party - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Not to be granted against the execution of a lawful decree...........
Civil Procedure Code, 1908, Section 11, Order 39, Rule 1, 2 -- Temporary injunction - Execution of a decree - Injunction cannot be granted - Subsequent suit is barred on a plea which was available to a party in the previous suit - Courts below have exercised jurisdiction which did not vest in them in entertaining a suit against execution of a decree though all questions..........
Civil Procedure Code, 1908, Order 39,, Rule 1, 2 -- Injunction against execution of decree - Decree for possession - Execution filed - Another suit regarding same subject matter - Injunction granted against execution of decree - Decree passed after contest - No prima facie case made out in view of Sec. 11 of C.P.C. - Not open to the Courts below to grant injunction against..........
