Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of PWs for cross-examination - Sought by defendant who is stated to be the only contesting defendant - Application allowed subject to payment of cost - If the contesting defendant is not permitted to recall witnesses, the same would have adverse bearing on the case of said defendant thereby affecting merit of suit..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Concurrent findings of two Courts below with regard to fact that disputed Gali was common - Plaintiff failed to point out any question of law much less substantial question of law - Second appeal dismissed...........
Civil Procedure Code, 1908, Section 152, 153 -- Correction/amendment of decree - Court may, at any time, amend any defect or error in any proceedings in a suit - S.153 CPC is not only confined to judgments, decrees or orders passed, it also enables Court to permit amendment of any defect or error in any pleadings in a suit - Such amendment is required to be allowed to..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Respondent who impleaded is not any private person who could introduce new defences, except those which were available to existing respondents - Moreover, addition of respondent is only extension of existing respondents to facilitate Court proceedings - No prejudice is caused by..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise/consent decree - Suit to set aside - At the stage of deciding application for rejection of plaint, Court is to see as to whether suit is maintainable in view of O.23.R.3-A CPC and not to consider suit on merits and validity of compromise decree...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Suit to set aside - Party has to approach the same Court, which recorded the compromise decree - Separate suit challenging the consent decree is not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Suit for the reliefs sought challenging the compromise decree - Not maintainable - Court justified in rejecting the plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Mere clever drafting would not permit plaintiff to make suit maintainable which otherwise is not maintainable and/or barred by law...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 23, Rule 3A -- Rejection of plaint - Compromise decree - Suit to set aside - Plea that relief sought is not to set aside the compromise decree and prayer is that compromise decree is not binding on him - Held, mere clever drafting would not permit the plaintiff to make the suit maintainable..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Suit for injunction - There is no rigid rule that a Commissioner can never be appointed in a simple suit for injunction...........
