Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the appellant - Held, dismissal of..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Relief of mandatory injunction sought on the ground that defendant started raising construction during pendency of suit and in violation of interim orders - Issue regarding entitlement of plaintiff to the decree for mandatory injunction already framed - Moreover, plaintiff can initiate..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Suit can be withdrawn with liberty to file fresh suit on same cause of action not only on ground of formal defect which has crept in suit, but also if Court is satisfied that there are sufficient reasons for allowing plaintiff to file fresh suit for the subject matter...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - When earlier suit for permanent injunction was filed, there was no construction raised by defendants, so there was no question for relief of possession, as defendants at that time was not in physical possession and construction was not there - Subsequent suit for possession not barred U.O.2.R.2 CPC...........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for possession - Encroachment by defendant - Lower Appellate Court after appreciating facts and evidence on record, not only relied upon tatima, but also considered report of Local Commissioner appointed came to conclusion that defendants encroached upon land of plaintiffs - Report of Local Commissioner which..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - A person who takes steps in a suit on behalf of a minor, automatically constitutes himself the next friend of minor - An order of Court, as in the case of a guardian ad litem for a minor defendant, is not necessary for that purpose - To be more precisely, a person filing suit as next friend of minor takes up..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - Next friend or guardian ad litem - Appointment by Court is limited to that legal proceedings and beyond - The mandates in the personal law regarding competency of a natural guardian or a legal guardian or a defacto guardian are in the realm of private dealings in respect of minor's property - Personal law principles..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - S.10 applies to suit instituted in civil suit - A writ proceeding before High Court cannot be equated with the proceedings before a civil Court as jurisdiction of High Court exercising its writ power is not the Courts of concurrent jurisdiction of civil Court...........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - If the issue relating to maintainability of suit in question is hit by S.10 of CPC and the said issue is taken up as preliminary issue to be decided, in that case if it is found correct, Court has only to stay proceeding of second suit, but the Court cannot dismiss second suit as a whole until first suit is decided...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit contains two prayers, one relating to determination of title and ownership and another for setting aside Board proceedings - Held, as Extra Assistant Commissioner is necessary party for setting aside and quashing Board proceedings thus, for an effective and complete adjudication of title suit,..........
