Civil Procedure Code, 1908, Order 22, Rule 10, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of assignee - Original plaintiff assigned his rights and interest in land in favour of assignee - Assignee thus, had a vital interest in the suit and had a right to continue suit - Issue whether original plaintiff had authorized respondent No.3 to sell land and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 43, Rule 1(r), Civil Procedure Code, 1908, Section 104(1)(i), Constitution of India, 1950, Article 227 -- Temporary injunction - Revision under Art.227 Constitution of India thereagainst - Remedy of appeal is provided U.O.43.R.1(r) and S.104(1)(i) against an order of temporary injunction -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A -- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High Court observed that..........
Civil Procedure Code, 1908, Order 7, Rule 10A -- Return of petition for presentation in proper Court - Representation of petition in Court indicated in the order of return - Cannot be considered as a fresh filing in all circumstances when, it is returned to the plaintiff for such representation...........
Civil Procedure Code, 1908, Section 115 -- Revision - Renewal of lease - Remitting matter back to Executing Court - Merely because execution petition will revive is no ground to hold that order is not a final order which will bring end of proceedings - If Executing Court accepts the contention of the respondents that the lease could not have been extended, then also it..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint and impleadment of a party - Application filed belatedly - Application allowed to ensure that in the eventuality of suit being decreed, plaintiff does not become vulnerable to another round of litigation at the stage of execution - Application allowed subject..........
Arbitration and Conciliation Act, 1996, Section 34, 13(5), 16(6), Civil Procedure Code, 1908, Section 151 -- Arbitration award - Setting aside - Adducing evidence in an application u/s 34 of the Act - Proceedings u/s 34 of the Act are summary in nature - An application for setting aside an arbitral award will not ordinarily require anything beyond the record that was..........
Civil Procedure Code, 1908, Section 100 -- Judgment in second appeal - Mere error in framing a question of law would not render a judgment in second appeal liable to be set aside, if it is found that a substantial question of law existed and such substantial question of law has in fact been answered by High Court...........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC - Leave of Court to institute suit - Notice should be issued to other side before passing orders in an application seeking leave to institute suit - However, that is not absolutely necessary an in an emergent situation, Court can grant leave even without issuing notice to other side, but then respondent has a right..........
Civil Procedure Code, 1908, Section 92 -- Leave of Court to institute u/s 92 CPC - Applicaotn filed but no order passed - Defendant contested suit without raising plea that leave of Court is not granted - Even both sides led evidence and matter was decided on merits - Defendant submitted to jurisdiction of Court without any demur and objection - Courts below came to..........
