Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Impleading L.R's - Suit filed against a dead person due to mistake in good faith - There is no legal impediment in impleading the L.R's of deceased to represent him in the suit...........
Civil Procedure Code, 1908, Order 9, Civil Procedure Code, 1908, Order 17 -- Dismissal of suit for non production of plaintiff when suit was at the stage of plaintiff's evidence - Evidence of plaint as well as defendant closed and suit dismissed on the same day despite the fact that burden to prove issues No.1 to 5 was on the defendants - Even without hearing counsel for..........
Civil Procedure Code, 1908, Order 26, Rule 10, 13, 14 -- Examination of Commissioner - Powers of Court - Suit for partition - Report submitted by Commissioner - Court is empowered U.O.26.R.10 CPC to summon Commissioner as witness to examine report in partition final decree proceedings with right of cross-examination to both the parties - U.O.26.R.10 CPC a party has right..........
Civil Procedure Code, 1908, Section 151, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Suit for recovery of money - Mistake of Court - On compromise for settlement, award of Lok Adalat becomes final - But instead of passing award as per memo, Lok Adalat Committee by mistake took civil dispute as criminal compounding case - Mistake committed is..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery decreed - Claim of interest - Cause of action jointly and severely against two defendants - Claim against two defendants is on same footing - Decree for recovery of amount passed against defendant No.1 - Plaintiff denied the interest against defendant No.1 for the reason that contract governing parties had..........
Civil Procedure Code, 1908, Order 1, Rule 10, Limitation Act, 1963, Section 21 -- Suit filed against a dead person - Death was not within knowledge of plaintiff and suit filed within time - If Court is satisfied that non impleadment of legal heirs of deceased defendant was a bona fide mistake, then Court has got power to implead them invoking O.1.R.10 CPC and S.21 of..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against a dead person - O.22.R.4 CPC is not applicable - O.22.R.4 CPC applies in a case where either plaintiff or defendant dies during pendency of proceedings and not in respect of persons who died prior to institution of proceedings...........
Civil Procedure Code, 1908, Order 7, Rule 10, 10A -- Return of plaint to be presented before proper Court - Plaint represented - Suit is to be deemed to be filed when represented in the proper court...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Pendente lite transferee - He is entitled to be impleaded in the suit or other proceedings...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Recovery suit on the basis of promissory note - Amendment sought at rebuttal stage to take the plea that defendant never signed promissory note in Punjabi nor he signs in Punjabi - This plea was very much available from the very beginning - It is not such a fact that same was not in the..........
