Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection of plaint - Statutory bar of jurisdiction - Plaint to be rejected and not to be returned - Plaint can be returned for presentation before proper Court only when it is presented a court which lacks either territorial or pecuniary jurisdiction and not in a case of statutory bar of jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of a party - Court can, if necessary, even act suo motu either U.O.1.R.10 CPC or in its inherent jurisdiction and order transposition of a party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Parties to the suit - Suit for possession - Deletion of name of defendant No.2 at the behest of defendant No.1 claiming himself to be in possession - Held, it is premature to decide the issue as to who is in possession - Plaintiff is dominus litus - It is plaintiff who is to decide to whom to join as defendant - Order..........
Civil Procedure Code, 1908, Order 1, Rule 8, Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit U.O.1.R.8 CPC - Exparte decree passed - Execution - Respondent Nos.1 & 2 not party to the suit - Respondent Nos.1 & 2 seeking to set aside the exparte decree and for getting themselves added as additional defendant - Executing..........
Civil Procedure Code, 1908, Order 1, Rule 8, 10 -- Addition of a party - Representative suit - Addition of a party by executing Court - Village pathway subject matter of suit - Suit filed on the premise that it is the personal property of the plaintiff - Those who use the pathway or at least have lands adjacent thereto should ordinarily be impleaded as parties - Suit was..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Court commissioner - Report - Objections -Not heard as parties agreed to abide by report - No procedural irregularity - procedure assumes importance only if report of Court Commissioner is to be questioned and challenged...........
Criminal Procedure Code, 1973, Section 340, 195(1)(b)(i), Constitution of India, 1950, Article 227, Calcutta High Court (Appellate Side) Rules, 1957, Rule 10 -- Proceeding u/s 340 and S.195 of the Code - Revision thereagainst - Maintainability of - Held, all applications u/Art. 227 of the Constitution of India passed by any Judge in any civil suit and/or appeal,..........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement - Failure to file - Decree passed merely for the reason of non filing of written statement - Even the original documents not tendered - Plaintiff led no evidence - Even the basic issues have not been considered in the judgment - When a judgment is to be passed U.O.8.R.10 CPC Court has to write a judgment..........
Civil Procedure Code, 1908, Order 22, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 10 -- Death of plaintiff - L.R's not brought on record within time - Suit abated - Application for transposition of parties cannot be entertained after the suit had abated...........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Cannot be passed on the basis of averments in plaint and other documents - Plaintiff is bound to prove his case...........
