Civil Procedure Code, 1908, Section 146, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading a party - Transferee pendente lite - If the person sought to be impleaded as party is legal representative of a party to the suit, it is sufficient for Court to order impleadment/substitution of such person - A transferee pendente lite is a legal..........
Criminal trial -- Criminal jurisdiction of Court cannot be invoked to settle the dispute purely of civil nature...........
Indian Penal Code, 1860, Section 419, 420, 468, 471, 120B -- Cheating and forgery - Criminal conspiracy - Quashing of summoning order - Dispute purely of civil nature - No allegation in complaint or in evidence of PWs that either of accused has cheated by personation to anyone - Element of dishonesty is lacking in the allegations made in complaint - No forgery appears to..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Defendant proceeded ex parte - Setting aside ex parte order - (i) No limitation is prescribed for setting aside ex parte order; (ii) In view of facts and circumstances of case, there is no requirement of issuing notice to the respondents as it will unnecessarily entail unnecessary expenses and delay the matter; (iii) However,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit for specific performance - Trust property - Beneficiary of trust has right to be impleaded as party - He cannot be treated as stranger...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree of divorce - Setting aside - Wife sent a letter to Family Court at place `J' expressing that she was unable to travel upto place `J' and to defend proceedings there - She was also making efforts to approach Supreme Court by filing a petition for transfer of case - No finding recorded by Family Court while..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Proposed amendment will completely contradict plea of plaintiff that he has been in continuous possession and enjoyment of suit property since 1976 - Amendment would change the nature..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and injunction - Amendment sought claiming alternative relief of recovery of possession - Plaintiff contended that he is in continuous possession of suit property since 1976 but failed to mention the date of dispossession - In such circumstance, it is not possible to examine..........
Civil Procedure Code, 1908, Order 8, Rule 6A, 9 -- Counter claim - Normally, counter claim is to be set up before written statement is filed - However, defendant can set off defence or counter claim with leave of Court even after filing of written statement upon such terms as Court thinks fit...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Once cause of action wholly or in part accrues after defendant has delivered his defence or before the time limited for delivering defence has expired, a counter claim cannot be allowed to be set up...........