Civil Procedure Code, 1908, Order 29, Rule 2 -- Suit against Corporation - Suit is not maintainable without arraying Corporation as party to suit - Decree passed in the suit set aside - Suit remanded with liberty to plaintiff to arraign `Corporation' as party to the suit - Suit shall be dismissed in case of non impleadment of Corporation, as party to the suit, for any..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Report of advocate commissioner - Is substantive evidence in a suit, where advocate commissioner is appointed to inspect the spot and to make investigation together with evidence enclosed therewith - Rejection of Commissioner's report in toto by saying that he was not examined as a witness is contrary to legal principle..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10 -- Abatement of appeal - Partition suit - Once a preliminary decree is passed in a partition suit and plaintiff dies after passing of said decree, provisions of O.22.R.3, 4 CPC does not apply to any appeal - It is O.22.R.10 CPC which applies...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Permissible when cause of action accrued before institution of suit or before filing of written statement...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for declaration - Defendant No.1 by way of counter claim only tried to seek relief in respect of suit property to which it had not only objected to plaintiff's cause of action but also claimed its own right, title, ownership and possession in the written statement - Subsequent event that have occurred..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - For attracting a bar of provision of O.2.R.2 CPC, Court in which earlier proceedings were initiated ought to have jurisdiction to entertain subsequent proceedings - If earlier Court had no jurisdiction to try the claim as made in subsequent suit, bar U.O.2.R.2 CPC would not apply...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Earlier suit for permanent and mandatory injunction filed before Civil Court having no jurisdiction, as suit could be tried only by Small Causes Court - Subsequent suit filed before Court of Small Causes based on the same cause of action as earlier suit, held, not barred by O.2.R.2 CPC - Even otherwise..........
Civil Procedure Code, 1908, Order 1, Rule 1, 3 -- Joint trial - Issues intricately connected - Even if, the reliefs sought for are different, if the issues framed in one suit would come ancillary or corollary to the issue framed in the other suit, certainly, both issues must be tried together - Otherwise, if the main issue framed in one suit is determined earlier, the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration and permanent injunction - Documentary evidence on record proved that suit land was in exclusive possession of predecessor-i, interest of plaintiffs after partition in 1919 and it was allotted to plaintiff after his death - Plaintiffs are owner in possession of suit land and entry in favour of..........
Civil Procedure Code, 1908, Order 26, Rule 10(2) -- Local Commissioner - Report of Commissioner and evidence taken by him shall be considered as evidence in suit and shall form part of record and need not to be proved - Therefore, plea that Commissioners' report has not been proved by examining Commissioner, rejected...........
