Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Plaintiff has no unqualified or unfettered right in terms of O.23.R.1 CPC to withdraw suit at appellate stage unless a very strong case is shown that it would not affect or prejudice anybody's vested rights...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Suit of plaintiff dismissed U.O.17.R.3 CPC - Appeal against same also dismissed - Withdrawal of suit sought at the stage of second appeal - Prejudice will certainly be caused to defendants as in the filing of fresh suit, they would be deprived of their plea of res judicata and valuable..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Land in dispute is same in both previous and subsequent suit - Cause of action is also same - Previous suit was dismissed after taking evidence U.O.9.R.8 CPC, therefore, second suit is not tenable and plaint liable be rejected - Plaint rejected...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Eviction decree - Property sold thereafter - J.D. filed injunction suit arraying purchasers as party seeking restraining them for not dispossessing him - Application for stay of execution filed only to deprive DHs and their successors-i, interest from enjoying benefits of property - Moreover, subsequent..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for cancellation of sale deeds is maintainable before civil Court - Suit held, not barred by S.49 of U.P Consolidation of Holdings Act...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for specific performance - Case is at the stage of evidence of plaintiff - Whether agreement in question is a genuine or forged will be decided by Court after evidence of parties - All objections/defence which have been taken by defendants not to be considered at this stage - Only averments made in..........
Civil Procedure Code, 1908, Section 47 -- - Execution of ex parte decree - Objections - Objection that no notice in the suit has been issued to defendant since address given in the suit is not the address of defendant and that it was an address where he had been living earlier - Defendant in occupation/carrying on business and notice not issued at such an address - Ex..........
Civil Procedure Code, 1908, Order 3, Rule 4(3) -- Advocate - Execution proceedings are continuation of suit - Advocate appointed in suit is authorized to file execution petition...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Suit U.O.37 CPC is maintainable only if a claim within ambit of O.37 CPC is made thereunder...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - Relief claimed other than those privy to documents on the basis of which suit U.O.37 is filed - Suit cannot be permitted to be treated as U.O.37 CPC...........
