Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Pendente lite transferee - He is entitled to be impleaded in the suit or other proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Recovery suit on the basis of promissory note - Amendment sought at rebuttal stage to take the plea that defendant never signed promissory note in Punjabi nor he signs in Punjabi - This plea was very much available from the very beginning - It is not such a fact that same was not in the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery of possession - Courts below after considering oral and documentary evidence on record rightly rendered a finding of fact that plaintiff was in prior possession of suit property and had permitted defendants who were his son and daughter-i, law to stay in the suit premises along with him due to..........
Civil Procedure Code, 1908, Order 6, Rule 1, Civil Procedure Code, 1908, Order 2, Rule 2, Transfer of Property Act, 1882, Section 53A -- Pleadings - Ground of previous recovery suit and part performance, were not pleaded by appellants-defendants in written statement - Held, if plea of S.53A of T.P. Act has been raised in ground of appeal, that will not cure defect and..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Previous suit for recovery was filed by plaintiff-respondents - By that time, appellants had no cause of action to file suit for ejectment as by date period of tenancy had not expired - Cause of action to file suit for ejectment had accrued to plaintiff only during pendency of previous suit and said..........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Section 151 -- Petition U.O.39.R.2-A CPC - Rejection sought on the ground that main suit dismissed as withdrawn - Plaint can only be rejected when it does not disclose cause of action and not when cause of action no more survives - With the subsequent..........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of first plaintiff as defendant`s witness - First plaintiff not a contesting party and not examined as a witness - Defendant is entitled to examine first plaintiff as a witness in the suit...........
Civil Procedure Code, 1908, Order 16, Rule 21 -- Summoning of first plaintiff as defendant`s witness - First plaintiff not a contesting party and not examined as a witness - Defendant is entitled to examine first plaintiff as a witness in the suit - However, since suit is filed by all the plaintiff therefore first plaintiff cannot be summoned as a defendant's witness...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for permanent injunction - Restraining defendant from dispossessing plaintiff from suit premises - Amendment sought that rate of rent of room was agreed between defendant and plaintiff - Trial Court is only to determine on appreciation of evidence as to in which capacity..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficiency of Court fees - Suit for declaration to challenge release deed and for joint possession - Plaintiff is herself executant of release deed - No monetary consideration has exchanged the hands for executing said release deed - There can be thus, no question to pay ad valorem Court fees on the..........
