Civil Procedure Code, 1908, Section 9, Partnership Act, 1932, Section 69 -- Jurisdiction of civil Court - Suit by a partner of an unregistered firm subject to exception u/s 69(3)(a) of Partnership Act is barred in a civil Court...........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Article 14 -- Impleadment of a party - Limitation - Suit for price of goods sold and delivered - `H' was impleaded as plaintiff No.2 - However, order does not reveal that newly impleaded plaintiff shall effect from the date of institution of the suit - Thus, limitation will begins to run from the date of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of tenant - Partition suit - Court suo moto impleaded Manager of Bank as a party to suit, who is tenant - Tenant is neither a necessary party nor a proper party in a suit for partition - Impugned order of impleading tenant in a partition suit, set aside...........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 101, 103 -- Execution - Objections - Declaration of entitlement to remain in possession in character of lessees - U.O.21.R.97 CPC independent claim can be set up even prior to dispossession - Under O.21.R.101 CPC, all questions have to be adjudicated upon by Court dealing with application and not by a separate suit - Upon..........
Civil Procedure Code, 1908, Order 21, Rule 97, 98, 99, 100, 101, 102, 103 -- Provisions of O.21.Rr.97 to 103 constitute a complete code and provide sole remedy both the parties to a suit and to a stranger to a decree...........
Civil Procedure Code, 1908, Order 11, Rule 14, Civil Procedure Code, 1908, Order 11, Rule 21, Civil Procedure Code, 1908, Section 151 -- Production of documents - Non-compliance of order - Court is not empowered, either U.O.11.R.21 or S.151 CPC to strike out defence or dismiss suit...........
Civil Procedure Code, 1908, Order 11, Rule 14 -- Production of documents - Tests of comparative hardship of parties is also one of tests to be applied by Courts in deserving cases when parties to suit apply for production of document invoking O.11.R.14 CPC...........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Report of Local Commissioner suffering from an irregularity i.e. want of following applicable instructions - Proper course for High Court is either to issue a fresh commission or to remand the matter for reconsideration - Entire suit cannot be dismissed for any irregularity on the part of Local..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit filed u/s 6 of Specific Relief Act - Application for temporary injunction dismissed by Trial Court which was affirmed by first appellate Court - High Court set aside concurrent findings of Courts below, without dealing with any of aspects set out by first appellate Court and swayed by fact that..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Section 96 -- Condonation of delay - Delay of 696 days in filing appeal - Partition suit - Delay is about 1 year and 9 months - If indeed appellant/defendant really suffered on account of judgment and decree of trial Court, he would have taken steps to file appeal in time - Although plaintiff sought 1/3rd share..........
