Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Death of party/opposite party No.1 - Mere difference in spellings of deceased in death certificate and in application, does not raise any doubt regarding identity of deceased, particularly when address of deceased is same in both death certificate and in application - Such discrepancy thus, not fatal in..........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Substitution of LRs - Death of party/opposite party No.1 - Substitution sought not only of executor of Will left by deceased but also heirs and legal representatives in case of intestacy - No impediment to substitute executor as well as heirs and legal representatives who may succeed estate in case of intestacy in place of..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Ad interim injunction - Police assistance to implement order - Application dismissed and stay vacated by holding that at the time of grant of ad interim injunction plaintiff failed to apprise Court with regard to filing of caveat by defendant - Impugned order set aside - Matter remitted for decision afresh...........
Civil Procedure Code, 1908, Section 151, Order 21, Rule 97, 99, 100 -- Execution - Objection - Eviction decree - Petitioner filed a declaratory suit that he along with plaintiffs was a co-sharer of suit property - Though suit was dismissed but first appeal against the same was pending - An appeal is a continuation of suit and executing Court should have awaited the..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking of defence - Eviction proceedings - Benefit of monthly rent deposited u/s 30(1) of the U.P Act after receipt of summons/filing written statement could not be extended to defendant tenant while reckoning compliance of O.15.R.5 CPC - There is no escape from mischief of O.15.R.5 CPC - Defence rightly struck off...........
Civil Procedure Code, 1908, Order 32, Rule 15, 3, Divorce Act, 1869, Section 10(1)(iii), 10(1)(x) -- Appointment of guardian ad idem - Unsoundness of mind - Suit for divorce on ground of cruelty by wife and mental disorderliness - Failure of Court to assign definite reason for declining request for referring respondent to Medical Board - Under O.32.R.15 CPC Court is not..........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - Objection with regard to no, joinder of necessary party is not maintainable at the stage of execution as what can be inherited can be bequeathed also...........
Civil Procedure Code, 1908, Section 47, 151 -- Execution - Objections - No technical objection can defeat the decree passed by competent Court, which attained finality...........
Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Person of unsound mind - Suit filed through natural guardian/mother - Preferential claim of testamentary guardian - Appointment of testamentary guardian by father of plaintiff will not deprive mother of her right to act as natural guardian, till she remain alive, particularly when Will of father do not mention about any..........
Civil Procedure Code, 1908, Order 32, Rule 2, 3 -- Person of unsound mind - Suit filed through natural guardian/mother - Suit was instituted by plaintiff through his mother acting as his next friend - Interest of mother is not adverse to plaintiff - Mere filing of suit for injunction by plaintiff through testamentary guardian against his mother restraining her from selling..........
