Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Certain factors which are to be considered by the Court are - (a) Whether the applicant is a necessary and proper party keeping in view the facts and circumstances of the case? (b) Whether presence of such a party before the Court is necessary for effectively and completely adjudicating the matter and..........
Haryana Urban (Control of Rent and Eviction) Act, 1973, Section 1(3), 13(1) -- Suit for eviction - Filed during period of exemption granted under S.1(3) - Exemption period came to an end during pendency of suit - Contention of tenant that Civil Court lost its jurisdiction and decree passed thereafter was nullity and he would be entitled to protection of S.13(1) of the Act..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as a party - Applicants have interest in the property and claim to be owner of the property where question of title and relief of injunction based thereupon is involved - True owner cannot be said to be a stranger to the suit - Interest as claimed of both parties in the property intractably interdependent and..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Rule that plaintiff is dominus litus of the suit - Not an absolute rule - Law intends and has actually provided for exceptions...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment in a suit between co-owners based on family settlement - Applicant a purchaser from one of the co-owners after judgment and decree passed by First Appellate Court but before filing of Regular Second Appeal - Basic questions involved in the suit family settlement and its effect, joint possession of co-owners and..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at the appellate stage - Appeal is continuation of suit - Permission to withdraw suit has to be granted...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal in appeal of suit already decreed - Permission to withdraw the suit (when plaintiff not seeking permission of Court to file a fresh suit) has to be granted in terms of Order 23 Rule 1 as appeal is continuation of the original proceedings...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 8, Rule 1 -- Legal representatives - Must proceed with the litigation from the stage where death of defendant or plaintiff had taken place - They are legally bound by the pleading of his predecessors-in-interest in whose place they have been substituted - L.R's impleaded cannot set up a new..........
Civil Procedure Code, 1908, Order 39, Rule 1, Civil Procedure Code, 1908, Order 26, Rule 9 -- Report of Local Commissioner forms an acceptable basis for passing of interim order or directions...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Running of machines in the factory - Noise pollution - It is an implied obligation upon the defendant to prevent noise pollution even if he has permission from the competent authorities to run a factory in the area in question where the plaintiffs and others have their residential houses - Defendant must take all..........
