Civil Procedure Code, 1908, Order 23, Rule 1 -- Scope - Provision of O.23.R.1 applies only when cause of action and relief claimed in the second suit are the same as in the first suit - Mere identity of some issues in the suits does not bring about an identity of the subject matter in the two suits...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - In a simple suit for permanent injunction plaintiff is the sole master of his suit and he cannot be made to agitate against a person against whom, he does not claim any relief - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 15, Rule 2 -- One out of several defendants proceeded ex parte - Decretal of suit against defendant proceeded ex parte - Held, absence of defendant does not absolve plaintiff from satisfying trial Court about validity of his claim - Rather in a case where defendant has been proceeded ex parte, Court is to be more vigilant and satisfy..........
Civil Procedure Code, 1908, Order 15, Rule 2 -- One out of several defendants proceeded ex parte - Decretal of suit against defendant proceeded ex parte - Courts below rightly declined the prayer to pass a decree when there are other contesting defendants...........
Civil Procedure Code, 1908, Section 152 -- Correction in compromise petition, final decree and connected records with regard to shares of parties - Said correction would not result in any change in identity of property - There is no objection to application from any of parties to suit before Court below - Refusal of trial Court to entertain application for correction on..........
Civil Procedure Code, 1908, Order 1, R -- Impleading of a party - Petitioner has alleged that he is owner in possession of suit property and revenue record is incorrect - If entries are incorrect and are liable to be corrected, petitioner can approach concerned authorities for getting same rectified - Suit filed is simple suit for permanent injunction and as such, he is..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession, recovery of mesne profit and damages against son and daughter-i, law - Plaintiff exclusive owner of suit property which fact not denied by defendant - Even permissive user of suit premises not disputed by defendant - Except for bald and vague denials, defendant has not taken any..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery of money - All suits which are for money recoverable on a written contract or on a bill of exchange, hundies or a promissory note are subject matter of a summary suit U.O.37 CPC...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - For the purpose of consideration as to whether the suit would be U.O.37 CPC, only averments of plaint are to be taken into account...........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Loan amount - Dishonour of cheque - Defendant defaulted and not paid the amount with accrued interest and hence a cause of action has arisen - Whether petitioner ultimately succeeds is not relevant at this stage - Suit covered under definition of summary suit - Suit be registered as summary suit U.O 37 CPC..........
