Civil Procedure Code, 1908, Order 12, Rule 6 -- Consent decree - Validity - Suit filed by nephew claiming property of his uncle - Instead of making said uncle a party, nephew sued him through attorney - Said attorney rushed to the Court on the next day and suffered a decree - This extra ordinary hurry itself reflects ill-intention, fraud, active planning and collusion of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 12, Rule 6 -- Compromise and consent decree - There is difference between a compromise decree and consent decree - A compromise between parties pre-supposes bilateral understanding - When a decree is passed based on admission in pleading or otherwise, provisions of O.12.R.6 CPC are attracted..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Mere fact that plaintiff may be competent to file another suit against defendants is not sufficient to implead them as party in present suit - Order allowing impleadment set aside...........
Civil Procedure Code, 1908, Order 37 -- Summary suit - No suit U.O.37 CPC can be maintained on scree, shot of an SMS and same does not qualify as a written contract within meaning of O.37 CPC...........
Civil Procedure Code, 1908, Order 37, Negotiable Instruments Act, 1881, Section 87, 5 -- Summary suit - Cheque - Material alterations - Once the cheque is returned unpaid for the reason of having been altered, the same ceases to be a bill of exchange within meaning of S.5 of Negotiable Instruments Act, 1881 for suit U.O.37 CPC to be maintained thereon unless such..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit - Court can allow plaintiff to withdraw suit, when such suit is likely to fail by reason of some formal defect and continuous of trial, would be a farcical exercise...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with permission to file fresh suit - In case ingredients of O.23 are complied with, withdrawal of suit cannot be declined merely for the reason that ad interim injunction was declined...........
Civil Procedure Code, 1908, Section 47 -- Execution - Objections - Compromise decree - Suit for permanent and mandatory injunction - JD contended that DH refused to co-operate in the sale of land as agreed in compromise deed that formed part of decree - However, DH specifically stated that he had not refused to sign the sale deed, as full amount was never paid to him, as..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of second suit - Entire matter of dispute between parties was already resolved by arbitration - Plaintiff cannot take up this matter again relating to part of contract separately by filing a suit before Court - Claim of plaintiff is thus barred by O.2.R.2 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Typographical error - Suit for permanent injunction - Amendment sought to correct the year of tenancy - Suit is at initial stage and issues not yet framed - Proposed amendment is most innocuous in the simplicitor suit for injunction against forcible dispossession and interference - Said amendment would..........
