Civil Procedure Code, 1908, Order 8, Rule 9, Civil Procedure Code, 1908, Order 6, Rule 15(4) -- Replication - Affidavit in support of replication is required to be filed...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Manifestly vexatious and meritless proceedings cannot be carried on in the suit - Plaint rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Vexatious and meritless allegations with regard to cause of action as well as to get the suit within limitation - Conduct of trial would be a futile exercise - Plaint rejected...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Maintainability - Appeal against a mere finding is not maintainable unless it amounts to decree within meaning of S.2(2) CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - An effective decree is sine quo non for maintaining appeal u/s 100 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal filed by defendant - Maintainability - Suit dismissed by first appellate Court - Appeal against such dismissal can only be filed by plaintiff, as plaintiff can only be aggrieved person - Defendant cannot challenge any finding so recorded - Appeal filed by defendant is not maintainable against mere finding, hence..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Where third party shows fair semblance of title or interest in suit property, he can be impleaded in the suit, as fate of suit would directly affect right of third party - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land is jointly owned and possessed by parties and other co-sharers - Averments made by defendant with regard to construction by all co-sharers in terms of family arrangement as well as existence of old structure have not been specifically denied by plaintiffs - Plaintiffs failed to approach..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - O.7.R.11 CPC not applicable where rejection of plaint is sought in part that is against one or more of the defendants or one or more of the properties or claims...........
