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, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Parties having any right, title or interest in disputed property are necessary parties even for purpose of granting/refusing relief of injunction in a suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicant claims his possession over property as its owner on basis of sale deed executed in his favour by defendant no.1 - Adjudication of dispute/controversy between plaintiffs and defendants qua right, title or interest in this property would directly affect rights..........
Criminal Procedure Code, 1973, Section 145, 482 -- Proceedings u/s 145 Cr.P.C - Quashing of proceedings - Land dispute between parties wherein two rival parties are claiming title/ownership/possession - Dispute if any have to be resolved by competent civil Court - Simultaneously initiation of criminal proceedings u/s 145 Cr.P.C along with civil proceedings is nothing but..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Cause of action for transfer petition wholly accrues at District Shahjahanpur which is beyond the specified area of Oudh - In the matter relating to transfer of case from one district to another, if the case is pending before a Court which is within specified area of Oudh only in respect of such cases, Court..........
Civil Procedure Code, 1908, Order 7, Rule 11, Limitation Act, 1963, Article 58 -- Rejection of plaint - Suit for declaration - Suit covered under Art.58 of Limitation Act - Suit not filed within three years when right to sue first accrued - Plaint rightly rejected...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Can be passed if defence set up was such as to make it impossible for a party to succeed, as same shall be ground enough to accept the defence as admission...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - O.12.R.6 CPC can be invoked when objections raised against rendering a judgment are such, which goes to the root of matter or whether the objections are inconsequential, making it impossible for party to succeed, even if entertained...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Trial Court has suo moto power to consider pleadings and exercise the power as available to it U.O.12.R.6 CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court can exercise its power U.O.7.R.11 CPC at any stage of suit but before conclusion of trial - Trial Court erred in observing that since evidence had commenced, application U.O.7.R.11 CPC is not maintainable...........
