Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Notice issued to Chief Secretary of State - Suit instituted against State represented by its Chief Secretary - Collector even if necessary party and not arrayed as a party, the same is not per se a ground to return plaint...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for partition - Plaintiff by way of amendment seek to add 2 ancestral properties at the stage of cross-examination of witness of plaintiff - Plaintiff is an illiterate and is residing in different cities for ekeing out livelihood and by inadvertence and oversight the factum of 2 properties which has..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex-parte decree - Setting aside - Suit for specific performance - In the absence of any evidence, bald insinuations made by appellants and their predecessor-i, interest against previous advocate does not constitute a ground to vacate ex-parte decree...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction and recovery of possession - Part of suit property alienated to wife of defendant - Interevenor is thus a necessary party to suit - Application allowed...........
Civil Procedure Code, 1908, Section 11, Order 14, Rule 2 -- Preliminary issue - Res judicata - Principle of res judicata is a mixed question of law and fact which may require not only examination of plaint but also other evidence and order passed in earlier suit may be taken up either as a preliminary issue or at the final hearing - But said question cannot be determined..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - Issue relating to law in respect of jurisdiction of Court and bar of suit created by any law can be treated as preliminary issue and suit can be disposed of without recording evidence of parties...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Suit for specific performance - From a reading of averments in plaint, it cannot be said that suit is barred by limitation - Issue as to when plaintiff had noticed refusal is an issue which can be adjudicated after trial - Application dismissed...........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Exhibition of documents - After closure of evidence of defendants - Suit for declaration - Documents sought to be exhibited are certified copies of Record of Rights and rent receipts - Reason for no, filing of documents at the time of trial is vague - Record of rights are public documents and same are always available -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of intervenor - Partition suit - Intervenor purchased property and thus, has direct interest over subject in dispute - Intervenor is therefore a necessary party - Application rightly allowed...........
