Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Both the parties claiming on the basis of Will in their favour - Joint trial of two suits filed by each party ordered - Court rightly directed plaintiff who filed suit earlier in point of time to lead evidence in proof of his case in consonance with O.18.R.1 CPC - No interference warranted - Petition..........
Civil Procedure Code, 1908, Order 34, Rule 14, 15, Civil Procedure Code, 1908, Order 2, Rule 2 -- Subsequent suit not hit by O.2.R.2 or constructive res judicata, unless the cause of action in both suits are same or identical - Suit for satisfaction of hypothecation and suit for sale of mortgaged property between the same parties are maintainable - Consent award in an..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Cannot be left open to be decided in the suit by framing an issue as to rejection of plaint - It will defeat the purpose of provision of O.7.R.11 CPC which is to save Courts valuable time in adjudicating frivolous suits...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Both parties claiming possession - Both parties filed suits and obtained injunction - Primary duty of Court is to protect subject matter of lis with existing status quo as on date of suit - Court can impose terms - Court taking over possession as a custodia legis, entrusted it to plaintiff to..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - In absence of any appeal being filed from the common judgment deciding two suits, failure to challenge the decree passed in one of them would not permit the appellate Court to decide the appeal challenging other decree - Appeal rightly dismissed...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - High Court or District Court has power to transfer a case on the motion of any other party or on its own motion and it applies to suits, appeals and other proceedings, including execution proceedings...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a suit - Sufficient grounds for transfer of a suit are : (i) convenience of parties and situation of property; (ii) bias of judge hearing the case; (iii) two suits involving common question; (iv) avoidance of delay and unnecessary expenses and (v) preventing abuse of process of Court...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - If two suits and relief claimed therein are based on the same cause of action then only the subsequent suit will become barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - `Cause of action' - Consists of a bundle of facts which will be necessary for plaintiff to prove in order to get a relief from Court - However, because cause of action for two suits are different and distinct and evidence to support relief in two suits are also different then provision of O.2.R.2 CPC..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Suit for permanent injunction - Subsequent suit for specific performance - Cause of action in two suits different as suit for specific performance could not have been instituted on the basis of cause of action of the first suit - Secondly, merely because pleadings of both suits are..........
