Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for mandatory injunction - Applicant having share in the property in dispute - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Sought at the stage when case was fixed for arguments - Video and audiographic conversation between the parties sought to be produced which took place after closure of evidence - Manuscript of conversation also produced - Additional evidence sought would be relevant for just adjudication of the case and falls..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasoning or finding recorded at the time of disposal of temporary injunction application while considering prima facie case would not act as a precedent or res judicata at the time of final disposal of suit on its merits as reasoning and conclusions are intended only for the limited purpose of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Prima facie case of plaintiffs not made out - Will in favour of plaintiffs on the basis of which they are claiming ownership rights of the entire property is unregistered and not admitted by defendant - Execution of Will yet to be proved - Moreso, plaintiffs himself admitted that before said Will..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Issue as to maintainability of suit and that suit is barred by Ss.10, 133 of Companies Act - Maintainability of suit and jurisdiction of Civil Court are two separate matters - Court may have decided question of jurisdiction earlier but question regarding maintainability of suit or whether suit is barred by..........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 5 -- Refusal to frame additional issue - Revision against - Held, maintainable - (1) Refusal to frame additional issue amounts to `a case decided' for the purposes of maintainability of revision; (ii) It is not an appealable order; (iii) non framing of additional issue necessarily results in failure to exercise..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent transferee during pendency of suit - Application U.O.1.R.10 CPC is not maintainable - It is always open to subsequent transferee to prosecute the matter by moving an application U.O.22.R.10 CPC which would then be considered by Court...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Scope of provision of O.1.R.10 and O.22.R.10 CPC is quite different - If an application is filed U.O.1.R.10 CPC then it means that applicant is claiming his right of contest in his own capacity independently, without being governed by the stand taken by initial plaintiffs..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent transferee - It is application U.O.22.R.10 CPC which is maintainable and not application U.O.1.R.10 CPC - Scope and ambit of the two provisions is quite different - In the case of subsequent transferee when application is filed U.O.1.R.10 CPC it is not maintainable -..........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - U.O.22.R.10 CPC, proceedings would continue by or against original party, although he ceased to have any interest in the subject of dispute, in the event of failure to apply for leave, to continue by or against the person upon whom the interest has devolved for bringing him on record...........
