Civil Procedure Code, 1908, Section 24(2) -- Transfer of case - When property is common in two suits, Court can order transfer of one suit from one Court to another - However, Court while exercising power u/s 24(2) CPC cannot order joint trial of the transferred suit...........
Civil Procedure Code, 1908, Section 24(2) -- Transfer of suit - Following factors have to be taken into consideration while transferring a case : (a) Balance of convenience or inconvenience to plaintiff or defendant or witnesses; (b) convenience or inconvenience of particular place of trial having regard to the nature of evidence on points involved in suit; (c) issues..........
Civil Procedure Code, 1908, Section 92 -- Suit against public charitable trust - Leave to institute - Competency to seek leave - Misdemeanors including embezzlement of funds of trust is proved on record - Being local residents and beneficiaries of hospital run by trust, plaintiffs have prima facie shown that they are person having an interest in trust - It cannot be said..........
Civil Procedure Code, 1908, Section 115, Order 21, Rule 97 -- Order rejecting application U.O.21.R.97 CPC - Revision - Maintainability - Order passed without considering specific contention urged by petitioner - Said order is tainted by jurisdictional error etc., therefore, it is revisable u/s 115 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - On basis of `oral' and not `written' contract - Suit not maintainable in summary form...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - In order to consider the question whether leave to defend should be granted or not, the suit should be based on "written" contract...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party in appeal - Suit for realization of money instituted by a member against society - Society is a party to appeal and represents all its members in appeal/suit - Petitioner being members of society are not necessary parties to proceedings - Their presence is not required for effectually and completely..........
Civil Procedure Code, 1908, Order 23, Rule 3B(2) -- Representative suit - Notice to members of society - Suit instituted by a member of society for realization of money allegedly due from society - Cannot be considered as a representative action for purposes of O.23.R.3-B(2) Explanation (d) CPC, as decree that may be passed in suit/appeal binds members of society not in..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within stipulated time - Reason assigned for not filing written statement within stipulated time `mistake on his part' - Held, this is not a compelling circumstance beyond the control of defendant, as to condone delay in filing the written statement...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex pare decree - Setting aside - Defendant against whom ex parte decree is passed has two options: (i) to file appeal; (ii) to file an application U.O.9.R.13 CPC - Defendant can take recourse to both proceedings simultaneously - Right of appeal is not taken away by filing an application U.O.9.R.13 CPC - But if appeal is..........
