Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Cause of action for filing suit for permanent injunction against encashment of bank guarantees was distinct than subsequent suit for recovery after alleged wrongful encashment of such bank guarantees - Cause of action in both the suits are different and suit for recovery could be filed only after..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Applicant was one of the party in suit - Suit against applicant withdrawn and there was no objection by the applicant to withdrawal of suit against him - Proper remedy available to applicant was to challenge the order by which plaintiff was permitted to withdraw suit against him and he cannot seek..........
Civil Procedure Code, 1908, Order 13, Rule 10(3) -- O.13.R.10(3) CPC, enable Court to use in evidence, any document under the law, which would otherwise be inadmissible in suit...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Issues raised in the matter were certainly required to be considered, on merits - High Court committed error in rejecting plaint on the ground of limitation - Order of High Court set aside - Suit restored...........
Civil Procedure Code, 1908, Order 7, Rule 14 -- Production of document - Plaintiff cannot be permitted to file additional documents invoking provision of O.7.R.14 CPC when his evidence is over, that too when suit is filed in the year 2012 and case reached at the stage of defendant's evidence - Application rightly rejected...........
Civil Procedure Code, 1908, Order 41, Rule 31 -- First appeal - Suit for declaration of title - Concurrent findings of two Courts below dismissing suit of plaintiff - Entire evidences discussed and said findings are supported by reasons and further points have also been framed by both Courts below - There is thus, substantial compliance with provisions of O.41.R.31 CPC -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Partition suit - When a suit of partition is filed, it is incumbent upon plaintiff to make all interested persons as parties to suit - In case of failure on part of plaintiff to do so, interested persons are entitled to get impleaded as parties to suit for partition, at any stage...........
Civil Procedure Code, 1908, Order 21, Rule 35 -- Execution - Delivery of possession - Police assistance - Absence of any order of Court for providing police assistance - Providing police assistance without any Court order is completely unjustified - However, at this belated time, Supreme Court declined to order further enquiry into this aspect of the matter - However,..........
Indian Penal Code, 1860, Section 417, 418, 420, 422, 120(B), 34, Criminal Procedure Code, 1973, Section 482 -- Cheating and criminal conspiracy - Element of cheating and fraud - Mere filing of suit or complaint u/s 138 N.I. Act by itself not a ground to quash the proceedings - Order quashing complaint, set aside...........
Civil Procedure Code, 1908, Section 9 - - Jurisdiction of civil Court - Suit for damages - Civil Court jurisdiction is not barred to entertain suit for damages in the light of Tamil Nadu Property Act, as Act does not oust jurisdiction of civil Court either expressly or by necessary implication.
(7) An exclusion of the jurisdiction of the civil court is not readily to..........
