Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of tenant - Partition suit - Court suo moto impleaded Manager of Bank as a party to suit, who is tenant - Tenant is neither a necessary party nor a proper party in a suit for partition - Impugned order of impleading tenant in a partition suit, set aside...........
Civil Procedure Code, 1908, Order 6, Rule 17, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Section 24 -- Amendment of pleadings - Acquisition of land - Application for amendment that compensation was not deposited as required u/s 11 of Land Acquisition Act, 1894 therefore, case would fall within purview of S.24..........
Civil Procedure Code, 1908, Section 11 -- Constructive res-judicata - Object - Constructive res-judicata intends to ensure that grounds of attack or defence in litigation must be taken in one of the same proceedings and party which avoids doing so does it at its own peril...........
Civil Procedure Code, 1908, Section 11 -- Expression `matter ought to have been taken as ground of attack or defence in earlier proceedings' - Means that matter is of such a nature and character and bears such a connection with controversy in earlier case that failure to raise it in that proceeding will debar party from agitating it in the future...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a separate suit - Upon..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Provisions of O.21.Rr.97 to 103 constitute a complete code and provide sole remedy both the parties to a suit and to a stranger to a decree...........
Civil Procedure Code, 1908, Order 41, Rule 19 -- Restoration of appeal dismissed in default - First appeal is a valuable right of appellant and therefore, appellant was entitled for an opportunity to prosecute their appeal on merits - If appellant's advocate did not appear, Court could impose some cost on them for restoration of their appeal to compensate appellant instead..........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Section 151 -- Production of documents - Non-compliance of order - Court is not empowered, either U.O.11.R.21 or S.151 CPC to strike out defence or dismiss suit...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - O.11.R.14 CPC, does not attach to a party an absolute right to insist for production of a document in possession of adverse party in support of proof of his case...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Tests of comparative hardship of parties is also one of tests to be applied by Courts in deserving cases when parties to suit apply for production of document invoking O.11.R.14 CPC...........
