Civil Procedure Code, 1908, Order 22, Rule 5 -- Impleadment of LRs - Determination - O.22.R.5 CPC specifically exists in order to determine the question as to legal representation of estate of deceased party in suit and if such issue is a disputed issue of fact, same is decided after leading of evidence...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Rejection by invoking jurisdiction U.O.7.R.11 CPC - Counter claim cannot be rejected on the ground that it is unrelated with the subject matter of title suit - However, Court can direct defendant to prefer independent suit instead of deciding the same alongwith..........
Civil Procedure Code, 1908, Order 43, Rule 1(c), Civil Procedure Code, 1908, Order 9, Rule 9 -- Appeal - Order setting aside dismissal of suit for default - Order is not appealable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dispute between plaintiff and Municipal Corporation - Municipal Corporation taking up proceedings for removal of encroachment made by plaintiff based on applicant's complaint as disputed encroachment or construction is just in front of his house - None of applicant's individual or property rights are..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for cancellation of sale deed on the ground of fraud and misrepresentation - Plaint rejected by holding that dispute between parties involve adjudication of question of title in respect of agricultural land - Held, a suit for cancellation of sale deed is cognizable before civil Court as per..........
Protection of Women From Domestic Violence Act, 2005, Section 26, Civil Procedure Code, 1908, Order 8, Rule 6A, Provincial Small Causes Courts Act, 1887 -- Counter claim - Can be filed by defendant in a suit before Small Causes Court - Proceeding before Judge, Small Causes Court is a legal proceedings and Judge, Small Causes Court is a civil court - On the strength of S.26..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Property in question was jointly purchased by plaintiffs along with defendant son of `N' - Suit for partition of property was not based on right of inheritance - Petitioners being daughters of said `N' had no right or locus to interject in suit proceedings - If petitioners have any..........
Civil Procedure Code, 1908, Section 34 -- Interest on delayed payment of gratuity - Award of 12% interest - Interest is compensatory in nature - Court is not bound to direct payment of interest restricted at the rate of interest indicated in S.34 CPC - Merely because appeal arises out of a civil suit does not mean that Court cannot go beyond 6% interest - If ceiling is..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Exemption from law claimed by plaintiff - Necessary facts claiming exemption though not specifically pleaded in the plaint by plaintiff but fact remains that suit on behalf of plaintiff No.2, a minor has been filed by natural guardian and therefore she is entitled to claim..........
Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration and recovery of possession - Claim of plaintiffs are that suit properties illegally transferred in the names of defendants - However, documents relied upon by plaintiffs does not support their claim - Thus, there are pertinent questions that require to be delved into..........
