Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Issues are to be framed on the basis of assertions made by parties in the pleadings - The issues have to reflect the application of mind and the controversy involved in the suit - More so, issues are never framed placing negative onus on the party - Whichever party is asserting the particular right or fact..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary and proper party - A `necessary party' is a person who ought to have been joined as a party and in whose absence no effective decree could be passed by Court - If a necessary party is not impleaded, suit itself is liable to be dismissed - Proper party on the other hand is a party whose..........
Patents Act, 1970, Section 48, Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Order 8, Rule 10, Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 -- Patent - Infringement - Summary judgment passed without recording evidence when defendant failed to present written statement..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of original plaintiff - Substitution on the basis of Will - Suit for cancellation of Will - Respondents seeking their substitution on the basis of Will executed by plaintiff in their favour - Question regarding validity of Will can be adjudicated as and when case is finally decided - Respondents thus, had a right to be..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission U.O.12.R.6 CPC must be an absolute admission capable of being worked out on strength of admission - If admitted fact cannot independently stand or convey any meaning and ultimate relief to be granted in suit is linked with those facts, then it will not be proper for Court to exercise..........
Civil Procedure Code, 1908, Section 151, Order 12, Rule 6 -- Judgment on admission - Suit for permanent injunction - Suit cannot be dismissed only on basis of stray admission of PW1, which never constitute an absolute admission exercising powers U.O.12.R.6 CPC, by ignoring documents produced to prove that they are in possession of suit schedule property as on date of suit..........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Period of limitation - Appeal filed in 1999 - Notices sent earlier but record was destroyed in the fire incident and notices were again served in April 2014 - Cross-objections filed in 2015 - Held, if a cross-objector fails to file cross-objections within stipulated time, then his right to file..........
Civil Procedure Code, 1908, Section 11, Order 2, Rule 2 -- Res judicata - When cause of action in second suit is not entirely same as in first suit but the basic cause of action is same, then second suit is barred by res judicata...........
Civil Procedure Code, 1908, Section 11, Order 23, Rule 1 -- Withdrawal of suit - Res judicata - Suit for declaration - Second suit not filed after either withdrawal or abandonment of claim raised in first suit and factum of first suit is disclosed in plaint of second suit, then subsequent withdrawal of first suit does not come within purview of provision, as withdrawal is..........
