Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and permanent injunction against State - Non-compliance of provisions of S.304(1) of Rajasthan Municipalities Act, as two months prior notice before institution of suit was not served upon Municipality - However, objection regarding no, compliance of said provision was not taken..........
Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Agreement to sell - Suit for possession - Specific denial of agreement to sell by defendant - Plaintiff failed to discharge his onus in view of specific denial of defendant - More so, he has not reserved any right to lead rebuttal evidence while closing his evidence in affirmative - Hence, plaintiff cannot..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Suit filed against a dead person - There is no legal impediment in impleading the legal representatives of the deceased defendant, subject of course to the law of limitation, to be decided during course of trial...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Legal representatives - Suit filed against a dead person - O.22.R.4 CPC is not applicable - O.22.R.4 CPC applies only in case death of one of several defendants or sole defendant occurs during the subsistence of the suit...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - Application U.O.22.R.4 CPC dismissed as not maintainable as said provision is applicable only when death occurs during pendency of suit - Held, there is no bar in filing application U.O.1.R.10 CPC when application U.O.22.R.4 CPC was dismissed as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Court can add any person as a party at any stage of the proceedings, if the person whose presence is necessary in order to enable the Court to effectively and completely adjudicate upon and settle all the questions involved in the suit - Avoidance of multiplicity of proceedings is also one of the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Court has wide discretion to deal with a situation which may result in prejudicing the interests of the affected party if not impleaded in the suit, and where the impleadment of said party is necessary and vital for the decision of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of alienees lis pendens - Suit for declaration qua Will being validly executed - Suit property alienated by GPA of co-defendant during pendency of suit to present alienees - Alienees lis pendens are necessary parties for completely adjudication of entire gamut of controversy, whereupon parties to lis are engaged -..........
Civil Procedure Code, 1908, Order 7, Rule 11, Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Rejection of plaint - Dismissal of application - Adoption - By virtue of amendment in the Act in year 2005, no such vested property can be presumed in favour of plaintiff as no such indefeasible right was ever created in favour of plaintiff prior to the year 2005 i.e. on..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Suit for possession - Defendant duly served at the address as furnished before Executing Court - He appeared through counsel and filed written statement controverting allegations in plaint - But he did not lead any evidence and suit was decreed against him - He did not appeal against that order -..........
