Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution - Mere filing of an appeal does not operate as stay of execution - It is only the appellate Court which can stay the execution - However, Executing Court may stay the execution of the decree if J.D. has filed any suit against the decree holder...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - There is no hard and fast rule that subsequent purchaser during pendency of suit can never be impleaded as a party - Court has discretion to add any person as party to suit, who is found to be a necessary or proper property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Subsequent purchaser - Defendants already proceeded ex parte and there is no one to contest the suit except the subsequent purchasers to protect their rights as decision of suit has direct effect on their rights - Order allowing impleadment as a party, upheld...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Necessary and proper party - A necessary party is the person who ought to have been joined as a party and in whose absence no effective decree could be passed at all by the Court - If a necessary party is not impleaded, the suit itself is liable to be dismissed - A `proper party' is a party who, though..........
Civil Procedure Code, 1908, Section 9, 16 -- Pecuniary jurisdiction - Valuation of suit - Suit for permanent injunction - Civil Judge having unlimited pecuniary jurisdiction of hearing of case - Valuation of suit therefore, not going to effect pecuniary jurisdiction of Court...........
Civil Procedure Code, 1908, Section 115 -- Revision - Suit for permanent injunction - Court fee - Payment of Court fee is always a matter between Court and plaintiff and defendants have no legal right to challenge the insufficiency of Court fee by revision or by any way - Moreover, maximum payable Court fee for relief of permanent injunction is Rs.500 which is already paid..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Not barred - O.22.R.3 CPC provides the manner in which suit will proceed against minor after Court is satisfied about minority and thereafter steps to appoint guardian either on behalf of plaintiff or even on behalf of minor will proceed...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Not barred - For appointment of guardian, an application can be made either on behalf of the minor or by plaintiff and an order can be obtained for appointment of guardian...........
Civil Procedure Code, 1908, Order 7, Rule 11(d), Civil Procedure Code, 1908, Order 32, Rule 3 -- Rejection of plaint - Suit against minor - Suit against minor by itself is not barred - O.22.R.3 CPC provides the manner in which suit can proceed against minor...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - At appellate stage - Amendment sought to claim interest on delayed payments of service benefits - Amendment will not change nature of suit and would not require any fresh evidence - Moreover, mere addition of relief with respect to interest would not itself make the petitioner entitled for interest, as..........
