Civil Procedure Code, 1908, Order 41, Rule 22 -- Appeal - Cross objections - Participation at the stage of admission of appeal - Cannot claim at the time of final hearing that the limitation period for him to file cross objections will commence only from the date of service of a fresh notice on him or his pleader...........
Civil Procedure Code, 1908, Section 100, 151 -- Second appeal - Challenging notice of resumption of property - Ground of violation of principle of natural justice - Plaintiffs had not been afforded opportunity of hearing with regard to the quantum of compensation for the resumed building - Therefore, plaintiff entitled to opportunity of hearing...........
Civil Procedure Code, 1908, Order 41, Rule 11, Land Acquisition Act, 1894, Section 54 -- First appeal - Summary disposal - Duty of court - Held, u/s 54 of LA Act, a party aggrieved by award of Reference Court is entitled to file an appeal against award of Reference Court as of right - Such appeals which mostly relate to correctness of quantum of compensation or..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex parte ad interim injunction - When can be granted - Held, it is only when an application U.O.39.Rr.1 and 2 CPC is filed by a plaintiff at the initial stage of suit that trial Court is required to pass orders awaiting service of notice - Even in such cases, Court has to record reasons for granting any ad interim relief -..........
Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Matrimonial proceedings - Factors to be taken into account - Convenience and difficulties of parties - Held, in the matter of convenience and difficulties, women requires more consideration in comparison of men and especially in the circumstance where woman has an infant child in her lap whom she could not leave..........
Civil Procedure Code, 1908, Order 22, Rule 3, Land Acquisition Act, 1894, Section 23(1A) -- Compensation - Interest - Non-payment of interest on enhanced amount from the date of receiving of reference petition dated 02.05.1998 to the date of filing of substitution application i.e. 02.02.2007 - Wife of deceased received Reference Court notice on 02.06.1998, despite receipt..........
Civil Procedure Code, 1908, Section 130 -- Calcutta High Court (Original Side) Rules, 1914, Ch.13A, Rule 1 - Leave to defend - Suit for eviction - Defendant denied service of quit notice - Plaint does not disclose that any other mode of service was adopted except sending notice by registered post - Held, defendant has disclosed good defence against ejectment on ground of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Transferee pendente lite - The status of transferee pendente lite cannot be treated as of a stranger and is presumed to have constructive notice of lis pending in the court, therefore, he has to sink and swim together with transferors, as such, he is not a necessary party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Grant against co-sharer - Held, every co-sharer has a right to property and to develop property in accordance with law, subject to the condition that such use of property will not render partition impossible - Either plaintiff may file a suit for partition and injunction, or may bring such facts and..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Ex parte decree to be set aside if party satisfies Court that summons had not been duly served or he was prevented by sufficient cause from appearing when the suit was called on for hearing - However, the court shall not set aside the said decree on mere irregularity in the service of summons..........
