Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Not filed within time - Mere failure or neglect of a defendant to file written statement, in all cases, may not entitle him to a judgment in his favour unless by adducing evidence he proves his case/claim...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Filed by one out of several defendants denying plaint averments - Plaintiffs claim be proved by evidence, oral and documentary, instead of decreeing suit against one of defendants in most slipshod manner...........
Civil Procedure Code, 1908, Section 30, 32, Order 16, Rule 10, 12 -- Summoning of police official - Diet money deposited - Evidence closed without making any effort to summon said official witness - Presence of such witness cannot be secured without assistance of Court - Impugned order set aside - Trial Court to ensure the issuance of process against summoned witness...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Stay of eviction petition on the ground of pendency of civil suit - For stay of subsequent suit, litigation have to arise out of civil suit - In the instant case proceedings in civil suit and eviction petition are neither directly nor substantially the same as in civil suit title of property is to be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Witnesses to prove or disprove any facts in dispute - By no stretch of imagination can be stated to be either proper party or necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party -As against the proposed defendants plaint averments do not indicate any cause of action and right to sue - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration - For deciding the issue involved in the suit, same could be decided even in the absence of petitioner - Therefore, he could not come within the definition of necessary party - Though, petitioner happens to be a proper party as he pleads that suit property is part of property..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Subject matter in both the suits is not one and same - Cause of action in former suit is different from cause of action in subsequent suit - It cannot be said that issue in subsequent suit is directly and substantially in issue in previously instituted suit - Plaintiff not party to the previously..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Jurisdiction of Court - Recovery suit on the basis of dishonoured cheque - Cheque presented in Bank at place `C' and dishonoured - Dishonor of cheques at place `C' which is a part of the cause of action for plaintiff's suit would bring the suit within territorial jurisdiction of Court at place `C' - Order of..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Provision of S.10 CPC, would apply only in cases where whole of subject matter in both the suits is identical...........
