Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of easementary rights and injunction - Proposed defendant is the joint owner of adjoining land in question - Without his impleadment proper and final adjudication in regard to easementary rights arising out of property in question cannot be made - Plaintiffs held, justified in..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendants trying to mix two disputes into one which disputes are obviously distinct - Since all the pleas/allegations qua claim of Rs.7 crores of defendants is against MOU/Settlement hence cannot be considered - Defence raised in application for leave to defend is contrary to..........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Suit for declaration - General Power of Attorney Holder (GPA Holder) - Defendant contended that GPA Holder of plaintiff had no personal knowledge of material facts - However, GPA Holder who deposed as PW1 has personal knowledge of material facts of the case - Moreover, this contention is loosely taken in first Appeal and..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Specific Relief Act, 1963, Section 19 -- Impleadment of co-owners as defendants - Suit for specific performance - Petitioners sought their impleadment on basis that they are co-owners in possession and enjoyment of suit property along with defendants - They will be proper parties to suit which will enable Court effectually..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court cannot short circuit proceedings and non suit plaintiff based on material other than plaint averments while exercising jurisdiction U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - To be treated as a separate suit/cross suit - As property in dispute as well as parties to the litigation in both the suits are common, Court to proceed with two suits simultaneously and decide the suits in accordance with law - Court is at liberty to consolidate the suits and direct parties to lead evidence..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - It is permissible with respect to cause of action which arose before filing of suit or after filing of suit but before written statement was filed or time for filing written statement has elapsed...........
Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of defendant - Counsel for defendant informed Court regarding death of deceased on 9.1.2012 - Application U.O.22.R.4 CPC filed on 2.4.2012 i.e within 90 days - It cannot be said that suit had abated - Application rightly allowed...........
Civil Procedure Code, 1908, Section 151 -- Oral compromise - Suit dismissed as withdrawn - Recall of order - Plaintiff was persuaded to withdraw their suit on being induced by sheer misrepresentation which was not intended to be acted upon by defendant - Plaintiff believed the defendant and abandoned his suit - For making false representation or inducing somebody to do a..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1 -- Withdrawal of suit - Recall of order - Order can be recalled not only in case of proved fraud, but same can be recalled by Court, ex debito justitiae, if it is satisfied that withdrawal of suit was engineered by defendants by deceit which would include constructive fraud, inducement and misrepresentation...........
