Civil Procedure Code, 1908, Section 24 -- Transfer of suit - Where institution of suit itself was before an incompetent Court, question of transfer u/s 24(5) CPC does not arise at all - It is open for plaintiff to plead for return of plaint U.O.7.R.10 CPC before Court concerned for its presentation to proper Court - Application dismissed...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - S.10 CPC projects only stay of trial of suit in which matter in issue is also directly and substantially in issue in previously instituted suit between same parties - Provision does not prevent or bar Court from passing incidental orders required to meet ends of justice - Thus, any incidental orders not affecting..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading a party - Suit for possession by way of specific performance - During pendency of suit another agreement to sell executed by defendant in favour of petitioner - Application for impleadment of petitioner as party rightly allowed, as he is necessary party to the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint at appellate stage - Suit for permanent injunction - Amendment sought at appellate stage after dismissal of suit - No plausible explanation as to why same was not sought in trial Court when plaintiffs was conscious of the same at the time of filing written statement - Amendment cannot be allowed - Petition..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Suit for specific performance - Agreement to sell regarding suit property alleged to be executed between father of defendant no.1 and respondent at a point when eviction had already been ordered against tenant - Respondent is himself a doubtful entity, as he never surfaced either in a Court..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of survey commissioner - Eviction suit - Survey of land was already conducted by same surveyor named in the present application prior to filing of suit - Fresh survey of land sought by plaintiff - However, it is not the case of plaintiff that he did not have access to Tea Estate and he was prevented from carrying..........
Civil Procedure Code, 1908, Section 2(12), 151 -- Mesne profit - Claim by co-sharer from other co-sharer - Partition suit - Mesne profit can be claimed from a person who is in wrongful possession - Admittedly, parties are co-sharer and defendants are not getting any financial benefit out of suit property - Co-sharer has right over every inch of undivided property until it..........
Civil Procedure Code, 1908, Section 2(12) -- Mesne profits - Suit for eviction - In the instant case, petitioner/landlord seeking direction upon defendant/tenant to pay Rs.15,000/- p.m. for illegal and wrongful occupation of suit premises - Such claim in midst of proceedings is not permissible...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of a party - Suit for specific performance - Transferee pendente lite - A transferee pendente lite of an interest in immovable property is a representative-i, interest of the party from whom he has acquired that interest - He is entitled to be impleaded in the suit or..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Deletion of name of defendant - Suit for recovery of damages for defamation - Suit proceeded not against publishers of news but against persons who are prosecuting plaintiff for offence complained - Information which defendant/I.O has supplied to newspaper is not beyond contents of FIR or is contrary to investigation carried..........
