Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Neither any right of respondents are in question nor same are in any manner at risk - If any order is passed in the suit, likely to affect rights of respondents, obviously same would be inoperative to the extent of affecting their rights, if they are not impleaded as party - More so, any order passed..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit dismissed in default - Court not at all impressed by the grounds set forth by plaintiff for restoration of suit - Delay in filing application not sufficient explained - However, since plaintiff is a Govt. company and that restoration of suit will not automatically amount to passing of a decree so as to..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration - Petitioner is daughter of author of the Will, therefore, she knew from the very beginning as to whether said land was ancestral or not - Evidence for declaring the Will as forged and fabricated would be entirely different from alleging that said land cannot be made a subject matter..........
Civil Procedure Code, 1908, Section 92(h) -- Public trust - Suit for permanent injunction restraining defendants from interfering with rights of plaintiffs to discharge their duties in Church - However, neither there was any allegation of mismanagement nor breach of trust either express or constructive in plaint - There is no prayer for proper administration of Church -..........
Civil Procedure Code, 1908, Section 100, Specific Relief Act, 1963, Section 34 -- Second appeal - Suit for declaration - Sale deed - Plea of plaintiff that he be declared as owner in possession of suit property - Owner of suit property who executed sale deed in favour of defendant is not a party to present litigation - Previous owner has not challenged legality and..........
Civil Procedure Code, 1908, Section 19, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Cause of action - Suit for compensation and damages - Plaintiffs have based their claim on acknowledgement of liability and agreement to pay amount in question, which was allegedly made within limits of Court at place `I' - On account of failure and refusal of..........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte order - Setting aside - Defendant/State of U.P though was tardy and could not ensure timely appearance, yet when concerned officials were made aware of pendency of suit and ex parte order, prompt steps were taken - Even plaintiff sought an adjournments at least on two occasions - In such circumstances, it cannot be..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar to subsequent suit - Benefit of interest on payment - As per O.2.R.2 CPC plaintiff can claim benefit of interest as every civil suit must include whole of claim which plaintiff is entitled to make in respect of cause of action - Plaintiff having omitted to claim benefit of interest has relinquished such portion of claim..........
Civil Procedure Code, 1908, Order 7, Rule 11, Court Fees Act, 1870, Section 7 -- Rejection of plaint - Court fee - Suit for specific performance in the garb of suit for declaration and mandatory injunction - Plaintiff cannot be permitted to avoid to pay ad valorum court fee by simply using different words and language - Order to pay ad valorum court fee on the..........
Civil Procedure Code, 1908, Order 41, Rule 24 -- Remand of case by First Appellate Court - Trial Court not disposed of suit on preliminary issue without recording evidence and giving its decision on rest of issues - First Appellate Court instead of remanding case to trial Court decided matter on basis of evidence on record - Judgment and decree of first Appellate court set..........
