Transfer of Property Act, 1882, Section 52, Civil Procedure Code, 1908, Section 96, 100, Order 22, Rule 10 -- Transfer pendente lite - During pendency of suit for specific performance and also in violation of ad interim injunction - Irrespective of any bona fides, transferee pendente lite is bound by the decree being passed by trial Court - Purchase of property during..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10 -- Written statement - Non filing within time - Extension of time - There is no restriction in O.8.R.10 CPC that on expiry of ninety days, further time cannot be granted...........
Civil Procedure Code, 1908, Section 2(9), Order 8, Rule 10 -- Written statement - Non filing within time - Pronouncement of judgment - Judgment pronounced U.O.8.R.10 CPC should indicate that Court has applied its mind to the merits of the case - It is duty of Court to consider case of plaintiff on merits after giving him opportunity to adduce his evidence and judgment..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Non filing within time - Pronouncement of judgment - Plaint and allegations contained therein do not constitute any evidence on the basis of which Court can act - It is necessary to record evidence of plaintiff - Court is not entitled to act on the allegations of plaint and it must act on the proved..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchaser - Impleadment in a suit for specific performance - Subsequent purchaser with notice of the previous agreement - He is a necessary party - To avoid multiplicity of proceedings and effectually adjudicate the matter in issue, he should be impleaded as a defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 23, Rule 1A -- Transposition of defendants as plaintiffs - Neither plaintiffs abandoned suit nor has withdrawn any claim - Even defendants has not filed application for their transposition as plaintiffs - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree passed U.O.8.R.10 CPC for non filing of written statement within prescribed time - Not a case covered U.O.9.R.13 CPC - Court has no jurisdiction to set aside ex parte decree in a case which does not fall within four corners of O.9.R.13 CPC...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 8, Rule 10 -- Ex parte decree - Setting aside - Non filing of written statement within time - Death of defendant and L.R's impleaded - Refusal of prayer of substituted defendants to give them opportunity to cross examine plaintiff's witnesses on the date fixed for ex parte hearing of suit - No..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties in both the suits are same - Both the suits have been filed seeking partition - Relief of declaration as sought in subsequent suit as to their right in ancestral property in question by plaintiffs is implicit in earlier suit - Subsequent suit held, stayed...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent prohibitory injunction - Plaintiff filed a simpliciter suit for injunction and no relief has been sought against petitioner - Nothing brought on record by petitioners that he is necessary or proper party to suit and in his absence no effective decree could be passed at..........
