Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Whether suit will fail or abate, it is not the determining factor for deciding the application u/s 10 CPC - While deciding application u/s 10 CPC, Court cannot impose any condition...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition - Maintainability - Defendant Nos.3, 4 did not take any steps to contest the suit and remained ex-parte when trial Court granted relief and they did not prefer any appeal - Rather second appeal is filed by defendant No.1 who got the share in suit property claiming daughters of his sister to be..........
Civil Procedure Code, 1908, Section 35A, Order 13A, Rule 3 -- Compensatory cost - Suit for infringement of Trade mark - Application for summary judgment - Defendants have no real prospect of successfully defending claim - They notwithstanding their stated position have compelled plaintiff to pursue the matter by taking application for summary judgment - Suit carried over a..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of LRs of deceased defendant - Suit for specific performance - L.R's already on record and they adopted the written statement filed by their father - L.R's now seeking impleadment in their own right - Merely because L.R's had adopted written statement of deceased defendant No.1 is not a bar in seeking their..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 9, Rule 9, Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejection of plaint - Earlier suit dismissed U.O.9.R.8 CPC - Subsequent suit filed only after changing nomenclature of suit - Clever pleadings made in subsequent suit just to create some unfounded illusion regarding cause of action in..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 13 -- Exparte decree - Setting aside at the instance of a person not party to the suit - Application U.O.9.R.13 CPC at the instance of such a person is not maintainable - However, decree obtained by fraud can be set aside at the instance of such a person u/s 151 CPC...........
Civil Procedure Code, 1908, Order 20 -- Final decree - Preliminary decree does not completely dispose the civil suit and suit continues till final decree is passed - There is therefore, no need to file an application and apply for final decree proceedings by litigants - It is an obligation on Court to draw up final decree...........
Civil Procedure Code, 1908, Section 96, Evidence Act, 1872, Section 116, Transfer of Property Act, 1882, Section 48 -- Possession - Permanent injunction - Once defendant No.2 had transferred rights in suit property to plaintiff in terms of documentation, then subsequently, merely because DDA had executed a conveyance Deed in favour of defendant No.2 would not mean that..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of the plaint U.O.7.R.11 CPC - Does not operate as a bar of res judicata - Therefore, judgment passed by Court below does not have effect of divesting ownership title of plaintiff in the suit property and which was purchased in terms of documentation executed by defendant No.2 in favour of plaintiff...........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint/dismissal of suit - Issue of relationship of landlord and tenant decided by Rent Controller - Same issue re-agitated in civil suit - Issue already settled cannot be allowed to be re-agitated all over again - Suit dismissed in exercise of inherent power u/s 151 CPC...........
