Civil Procedure Code, 1908, Order 8, Rule 6C -- Counter claim - Suit for partition - Counter claim to include some properties - Defendant in the suit has right to seek inclusion of properties in the written statement-cum-counter claim - Such properties whether available for partition or they are separate or self acquisition of any party and not amenable for partition has..........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Sale of property - Money suit - Entire decretal amount admittedly was paid by defendant/JD from time to time though in installments - In such circumstances, it would not be feasible to sell the property of JD - Court committed error in review petition by stating that entire decretal amount was not paid by..........
Civil Procedure Code, 1908, Order 6, Rule 17, Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente-lite - Application for amendment of pleadings u/s 24 HMA - Rejection of application by trial Court on the ground of availability of remedy u/s 127 Cr.P.C. - Said finding of trial Court held, erroneous, as it leads to multiplicity of proceedings - Amendment application..........
Constitution of India,1950, Article 299, Civil Procedure Code, 1908, Order 1, Rule 1 -- Tender - Necessary party - Petitioner not participated in re-tender process - However, respondent No.5 participated and found successful - Therefore, as petitioner has not participated in re-tender process, award of work to respondent no.5 cannot be challenged at the instance of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution of LRs - Substitution of party depends on whether right to sue survives or not - Where right to sue survives, substitution being claimed as LR needs to be allowed only and only for purpose of continuance of proceedings and not for any further purpose...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Death of defendant - Substitution - By allowing substitution application would not automatically result in claim being allowed...........
Civil Procedure Code, 1908, Order 33 -- Indigent person - Petition filed by an indigent person, taking shelter under the provisions of O.33 CPC has to be regarded as plaint in all respects...........
Civil Procedure Code, 1908, Order 33, Rule 15 -- Indigent person - An order refusing to allow applicant to sue as an indigent person - Applicant shall be at liberty to institute suit in the ordinary manner in respect of such a right...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Execution - Stay of - Declaratory suit pending against DH - Petitioner filed an application for grant of probate before District Judge on basis of Will in his favour, which was dismissed - Even testamentary case filed by petitioner also dismissed - Petitioner in order to create complication and delay execution proceedings..........
Civil Procedure Code, 1908, Section 144 -- Restitution - S.144 CPC applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose - In that situation, Court which passed the decree may cause restitution to be made, on an application of any party entitled,..........
