Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration that plaintiffs are in possession of land by virtue of their being Hissadar Shamlat - Petitioners while seeking their impleadment, have nowhere alleged that they are in possession of land as Hissadar Shamlat - Rather, admitted case of petitioners is that they had purchased the..........
Civil Procedure Code, 1908, Order 6, Rule 16 -- Striking off plaint - Abuse of process of Court - Filing of successive suit, suppressing filing of earlier suit and grant of interim injunction - Amounts to gross abuse of process of Court - Plaint of second suit struck off...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 2, Rule 2 -- Rejection of plaint - Bar of O.2.R.2 CPC - Earlier suit for permanent injunction decided only in respect of possession - Subsequent suit filed for declaration, recovery of possession and mandatory injunction - Cause of action in both suits are different - Moreover, grounds of..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for permanent injunction - Predecessor-i, interest of plaintiffs purchased half of suit property from predecessors-i, interest of defendants by way of registered sale deed and remaining suit land was obtained by way of exchange - Sale deed in question is proved on record - Plaintiff thus became the owner of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Death of plaintiff during pendency of suit - One of the heirs already representing the deceased plaintiff - Defendant undertaking not to contest the issue regarding non maintainability of suit for want of impleadment of all the legal heirs of original plaintiff - No..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Sought by LRs of deceased plaintiff at the stage when suit was fixed for final arguments - Proposed amendment is subsequent event and is essential in order to avoid multiplicity of proceedings inter se parties - Amendment is not destructive to original pleadings - No prejudice is caused to..........
Civil Procedure Code, 1908, Order 9, Rule 4 -- Restoration of suit - Suit dismissed as withdrawn - Application is not maintainable, as suit was neither dismissed U.O.9.R.2 or O.9.R.3 CPC...........
Civil Procedure Code, 1908, Section 102 -- Scope - If subject matter of suit is anything other than recovery of money or something more than recovery of money, provision of S.102 CPC cannot be invoked...........
Civil Procedure Code, 1908, Section 102 -- Suit not only for recovery of money but also for declaration and permanent injunction - Held, provision of S.102 CPC is not applicable...........
Civil Procedure Code, 1908, Section 146, Order 22, Rule 10 -- Transferee pendente lite - While deciding an application u/s 146 and O.22.R.10 CPC Court is not required to go into controversy as to whether person sought to be impleaded as party in the suit is either necessary or proper party - If person sought to be impleaded as a party is legal representative of a party to..........
