Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit with liberty to file fresh suit - Reason for withdrawal of suit is that plaintiffs had no knowledge of Will before it was filed in the cross examination of P.W.1 - Case of plaintiffs does not fall under category of formal defect, nor is there any reason to fall within scope of sufficient ground..........
Civil Procedure Code, 1908, Section 151 -- Consolidation of two suits - Suits are for recovery of certain amount against same defendants - Though, both the suits were filed by two different firms but proprietor of both the firms is same person - Defence taken by defendants is also identical in both the suits - There is substantial similarity of issues arising for decision..........
Civil Procedure Code, 1908, Section 10, 151 -- Stay of subsequent suit - Earlier suit qua the subject matter of present suit pending consideration in second appeal - Appeal is continuation of suit - It can be safely held that lis in between the parties qua the same subject matter is sub judice before a competent court - Undeniably there is possibility of conflicting..........
Civil Procedure Code, 1908, Section 151, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Order of attachment was passed on very same day on which notice calling upon defendant to furnish security was served that too without giving sufficient opportunity to defendant to respond to said notice as required U.O.38.R.5(1)(b) CPC - There is thus, non-compliance..........
Evidence Act, 1872, Section 45, Civil Procedure Code, 1908, Section 151 -- Handwriting expert - Application for expert opinion filed after decretal of suit - Petitioner did not assign any valid or good reason for filing such an application so belatedly before trial Court - Application rightly dismissed...........
Family Courts Act, 1984, Section 19, Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Appeal - Order rejecting application U.O.9.R.13 CPC - Defendant has option either to challenge ex parte decree by way of first appeal or by way of Misc. appeal against order of rejection of application U.O.9.R.13 CPC - Appeal u/s 19 of Family Courts Act is maintainable against..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Defendants failed to assign any good reason for non-appearance on relevant date despite service - It cannot be said that defendants were unaware of ex parte proceedings against them till filing of application - Application rightly dismissed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Subsequent event - Eviction suit - Reasonable and bonafide necessity of a landlord has to be seen on the date of institution of suit - However, subsequent event having material bearing on reasonable and bonafide necessity of landlord can be taken into consideration - But in the..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of written statement - Eviction suit - Tenant sought amendment by incorporating subsequent events occurred during pendency of appeal without specifying exactly when these alleged subsequent events have taken place - Subsequent event pleaded in application was not of such nature which obliterated the..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary injunction - For considering an application for temporary injunction, Court is required to see a prima facie and not prima facie title, when it is a case of declaration on the basis of Will...........
