Civil Procedure Code, 1908, Order 1, Rule 10 -- Subsequent purchasers - Impleadment - Suit for specific performance - When plaintiff wants to implead certain persons as defendants on the ground that they may be adversely affected by the outcome of suit, then interest of justice also requires allowing such a prayer for impleadment so that persons likely to be affected are..........
Civil Procedure Code, 1908, Section 100, Order 41, Rule 31 -- Second appeal - Suit for cancellation of sale deed - Assailed on the ground that plaintiff who executed sale deed in favour of deceased was not mentally sound - However, evidence on record shows that plaintiff moved an application U.32.R.12 CPC, for discharge of next friend, which is indicative of fact that..........
Civil Procedure Code, 1908, Order 9, Rule 8 -- Dismissal in default - Suit can be dismissed in default when plaintiff is not ready to serve the purpose or has not taken steps to serve the purpose for which case is posted, though plaintiff or his counsel is physically present - When plaintiff is present, but not ready or willing to give evidence on the date on which case is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposition of defendant as plaintiff - Original plaintiff ceases a party to the suit - It is in effect withdrawal and abandonment of a suit - Original plaintiff is precluded from instituting another suit for the same relief based on the same cause of action - Suit acquires character of another suit instituted by the..........
Civil Procedure Code, 1908, Section 47 -- Arrears of rent - Decree holder did not claim any relief that he is entitled for rent from date of institution of suit till adjudication of suit or delivery of possession - Cannot be granted by Executing Court...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Plaintiff dispossessed during pendency of suit and after dismissal of his application for interim injunction - Amendment sought to i, corporate relief of possession, as mere suit for declaration not maintainable and hit by S.34 of Specific Relief..........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Summoning of witnesses - Suit for declaration that information/communication ban is illegal and malafide with connected reliefs of damages and loss of reputation - Plaintiff failed to give any cogent reasons as to why senior officers of defendant are being summoned except stating that they are necessary to prove the case of..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Divorce proceedings - Papers sought to produce by way of additional evidence relating to beatings given by husband to one `D', who is not a party to the suit and which is not relevant at all to decide the lis and has got no relation with the matter - Application dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration of title and permanent injunction - Relief of specific performance sought by way of amendment of plaint - Relief barred by limitation - Moreover, application for amendment was blissfully silent as to why it was not filed before commencement of trial - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Measurement and demarcation of suit lane by measuring property of both plaintiff and defendant - Injunction suit - Dispute as to encroachment of suit lane - However, there is no material on record to show what are the measurements of lane and by what document and what is encroachment..........
