Civil Procedure Code, 1908, Order 18, Rule 5, 6, 7, 8, 9, 10, 11, 12, 13, Civil Procedure Code, 1908, Order 50, Madhya Pradesh Accommodation Control Act, 1961, Section 23C -- Rent and eviction - Proceedings before RCA under Ch.III-A of the Act are summary in nature where application of CPC is limited to extend provided u/s.23C of the Act - Procedure to be adopted is akin..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Question of limitation is a mixed question of law and fact, but if a bare reading of plaint transpires that suit is barred by limitation, same can be treated as a suit barred by law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Restraining defendants for causing any hindrance to performance of puja and other celebrations on suit property - Entire scope of application of temporary injunction is referred to acts of celebrating kalipuja and performing sports activities, which were of transient nature on face of it and could..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - There is no bar for Court to add legal heirs of a defendant who was dead at the time of institution of suit, if such legal heirs are necessary parties for proper and effective adjudication and to avoid multiplicity of proceedings...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Death of defendant prior to institution of suit does not make case void and ab initio and case can continue in presence of legal heirs of such sub deceased party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Suit filed against dead persons, defendant No.1 and defendant No.10, due to bona fide mistake - Plea that defendant No.1 transferred his property to defendant No.3, as such legal heirs of defendant No.1 has no interest in suit property - Case is at..........
Civil Procedure Code, 1908, Section 151, Order 13, Rule 4 -- Exhibition of document - Certified copy of deposition of defendant in evidence, who deposed as PW1 in other case, sought by plaintiff on his behalf - Said certified copy is a part of record of Court, certainly there is a presumption of authenticity including its contents and basing on the proceedings before Court..........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit without permission of Court - Plaintiff is precluded from filing a fresh suit on the same subject matter as the legislature has used the words `same subject matter' and not `same cause of action'...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Prior to commencement of trial - Suit for permanent injunction - Amendment sought to add relief of declaration - By adding relief of declaration basic structure of suit is not altered - Amendment allowed...........
Civil Procedure Code, 1908, Order 21, Rule 99 -- Execution - Objection by third party - Stay of execution - Petitioner failed to prove his possession qua property in question - There is thus, no question if any of his being dispossessed from the suit property so as to enable Court to adjudicate claim of petitioner - Application rightly rejected...........
