Civil Procedure Code, 1908, Order 23, Rule 1A, Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant as plaintiff - Permissible only on abandonment and withdrawal of suit by plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit when it was fixed for final arguments - Allowing application at this stage would amount to filling up lacuna or defect which occurred in the suit - Order rejecting application, upheld...........
Civil Procedure Code, 1908, Order 2, Rule 2, Civil Procedure Code, 1908, Order 23, Rule 1 -- Bar of subsequent suit - Once earlier suit for possession and injunction was decreed and appeal against the same was also dismissed, subsequent suit for permanent injunction in respect of same property cannot be maintained as per provisions of O.2.R.2 as well as O.23.R.1 CPC -..........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - A mere withdrawal of suit without seeking anything more can always be permitted - Defendant has no right to compel plaintiff to prosecute suit by opposing withdrawal of suit sought by plaintiff except to claim cost for filing a suit against him...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit on the same subject matter - Defendant can object to such prayer made by plaintiff - In such event, it is for Court to decide as to whether permission to seek withdrawal of suit should be granted to plaintiff and if so on what terms...........
Civil Procedure Code, 1908, Order 23, Rule 1(1) -- Withdrawal of suit - Plaintiff applied for withdrawal of suit U.O.23.R.1(1) CPC - Trial Court permitted such withdrawal subject to payment of cost of Rs.350 to defendant - Such order is in conformity with O.23.R.1(1) CPC - High Court committed error in interfering the judgment of Trial Court and reversing the same - High..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Partition suit - Earlier suit for partition filed by defendants withdrawn - Plaintiffs deriving right to suit property through defendants - Though plaintiffs have independent right to extent of their share, but in view of family settlement having been acted upon to knowledge of plaintiffs they cannot..........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Withdrawal of suit - Res judicata - Suit for declaration - Second suit not filed after either withdrawal or abandonment of claim raised in first suit and factum of first suit is disclosed in plaint of second suit, then subsequent withdrawal of first suit does not come within purview of provision, as withdrawal is..........
Civil Procedure Code, 1908, Order 21, Rule 11, 22, Civil Procedure Code, 1908, Order 23, Rule 2, Limitation Act, 1963, Article 135, 136 -- Second execution petition - Execution allowed to be withdrawn and proceedings allowed to be kept intact for filing fresh execution petition - O.23.R.2 CPC and Article 135/136 Limitation Act not applicable to fresh execution petition...........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Partition suit - Withdrawal sought on the ground that all the properties of family and other co-parceners as parties were not included in the suit - However, plaintiff has already availed the remedy of including other co-sharer as a party and also took steps for getting property included and..........
