Civil Procedure Code, 1908, Order 23, Rule 3 -- Compromise - Partition suit - Mere fact that one of sharers remained ex parte does not itself empower or authorize remaining parties to suit for partition to conclude the suit by entering into a compromise, without his/her juncture...........
Partition -- Suit for partition - Cannot be maintained unless all the sharers are made parties to proceedings - Same principle is applicable to in the matter of a decree that can be passed based on a compromise of dispute involved in a partition suit...........
Civil Procedure Code, 1908, Order 21, Rule 16 -- Explanation - Decree - Assignment pre decree and assignment post decree - Objective of adding Explanation to the provision of O.21.R.16 CPC was to avoid separate suit proceedings being filed therefrom and to that extent removing the distinction between an assignment pre the decree and an assignment post the decree...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Issue in question substantially in issue in the previous suit - Competency of earlier Court in deciding the issue not questioned and the parties in the lis are the same - Held, decision of former Court shall definitely operate as res-judicata against all subsequent proceedings including the proceeding before..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Injunction suit - Applicants have placed before trial Court enough material to show their prima facie right over subject land - Fact as to whether newly arrayed defendants are having title or any right over property is to be determined by trial Court on basis of rival pleadings and evidence to be led..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Suit for possession by way of specific performance and permanent injunction - Documents proposed to be tendered in evidence include certified copies of jamabandies - These jamabandies can certainly be tendered being per se admissible - However, with regard to notarized photocopy of sale deed, these..........
Court Fees Act, 1870, Section 7 -- Ad valorem Court fee - Suit for declaration that sale deed is null and void - Plaintiff companies claim that they are not executor of sale deed in question - Even though, it is disputed question of fact, but same would not in any manner exempt plaintiffs from legal requirement to pay ad valorem Court fee - Plaintiffs rightly directed to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued in pursuance of compromise - Complaint on the basis of dishonour of such cheques - Held, mere fact that a suit is pending challenging validity of compromise deed would furnish no cogent basis to quash the proceedings u/s 138 of the Act...........
Civil Procedure Code, 1908, Section 151 -- Consolidation of suits - Probate petition and suit for cancellation of Will - Common question involved in probate proceedings and civil suit - Evidence will also be common - To avoid multiplicity in trial of same issues and to avoid conflict of decision, joint trial ordered...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a third party - Eviction suit - In a suit between landlord and tenant, third person who alleges to have an agreement to sell in his/her favour cannot be impleaded as a party especially where basis of agreement is hit by provisions of law...........
