Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Issues are not to be framed on the basis of relief claimed - Each material proposition of fact and law has to be subject matter of separate and distinct issue...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of defendant No.2 as a party - Suit for injunction and cancellation of election - Application by one of the defendants (elected President of society) for deletion of co-defendant (former President) from suit on the ground that no relief has been claimed against him - Petitioner being co-defendant has no locus to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Order declining to stay execution proceedings during pendency of application U.O.9.R.13 CPC - Application U.O.9.R.13 CPC pending decision, it would be in fitness of things that execution proceedings are stayed till decision of application U.O.9.R.13 CPC...........
Civil Procedure Code, 1908, Section 47, Order 21, Rule 36 -- Execution - Decree for specific performance - Objections by third party in execution of a decree for specific performance - Not maintainable - Third party cannot inter meddle by raising objections u/s 47 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Any co-sharer/co-owner who is out of possession can very well seek an injunction against other co-owner in possession of property, if acts of co-owner are detrimental to interest of co-owner not in possession...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Partition suit - Plaintiff claiming 1/3rd share in suit property - Being real sister of defendant, right of plaintiff as co-sharer in joint family property cannot be prima facie doubted - Trial Court while allowing application not exercised its discretion perversely, capriciously or in..........
Civil Procedure Code, 1908, Section 24 -- Transfer of Case from subordinate Court of High Court to subordinate Court of another High Court - High Court cannot exercise jurisdiction to pass orders transferring a case pending before Court subordinate to it, to another Court which is subordinate to a different High Court, as High Court exercises jurisdiction limited to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure, as Court always grants leave to amend pleadings even if a party is negligent or careless as power to allow amendment of pleadings is intended to serve the ends of justice and is not..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment of memo of parties - Suit filed in the name of Director followed by name of Private Limited Company - Suit should have been filed by Private Limited Company through its Director - It is a mistake of counsel, may be on account of lack of understanding as to how a Private Limited Company is to..........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Maintainability - Review of judgment by High Court of a judgment against which Special Leave Petition is dismissed in limine without giving any reasons by Supreme Court - Review petition in the High Court is maintainable...........
