Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit against company and its partners - Petitioner only a manager employee of company - Indeed, petitioner in his capacity as manager may be preparing account books and other documents of company - Even if accepted for sake of arguments that petitioner misappropriating funds or forging..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Dispute as to breach of contract - First suit filed by defendant in Court at Surat and second suit filed by plaintiff in Court at Mumbai - Both the suits are same and issues involved in both suits are directly and substantially one and same - However, footnote of offer letter given by plaintiff to..........
Civil Procedure Code, 1908, Section 9, Wakf Act, 1995, Section 83 -- Jurisdiction of civil Court - Jurisdiction of civil Court is barred when question involved in the suit is whether suit land is wakf property or not, as said question can be decided only by Tribunal and not by Civil Court...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Consolidation of two suits - Single judgment - Suits in which common issues have been framed and common trial has been conducted, the losing party must file appeals in respect of all adverse decrees founded even on partially adverse or contrary speaking judgments and decree not assailed thereupon metamorphoses into..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Order allowing application partly to the extent of permitting the plaintiff to withdraw the suit and refusing to grant liberty to file a fresh suit - Is erroneous and cannot be sustained, as Court ought to have dismissed the application in toto...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Order allowing application U.O.23.R.1(3) CPC - Does not amount to an order passed on merits, as permission to withdraw a suit decides no matter in controversy and does not confer any right on a party on the basis thereof and would not in any way prejudice the defence to set up by defendants in another..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit filed by person of unsound mind through his next friend - Trial Court declared plaintiff as person of unsound mind without conducting any enquiry or following the provisions of O.32.Rr.1 to 14 CPC - Besides this, there is no document or notice on record that plaintiff was suffering from any mental illness - Appellate..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for possession by way of specific performance was filed by defendant - Subsequent suit for declaration in respect of same property filed by plaintiff - Agreement to sell in favour of defendant was prior in time, thus suit of defendant for possession by way of specific performance has to be..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2.O -- Temporary injunction and appointment of receiver - Property ordered to be put on public auction by appellate Court in an appeal against order granting temporary injunction and appointing receiver - None of the parties did suggest the disposal of suit property by public auction - Neither any exceptional circumstances nor..........
Specific Relief Act, 1963, Section 34, Civil Procedure Code, 1908, Section 100 -- Suit for declaration and joint possession - Second appeal - Plaintiff failed to prove nature of property in view of prayer made by him in suit - Suit property is not ancestral property as contended by plaintiff - Concurrent findings of Courts below by dismissing suit is based on oral and..........
