Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Joint owners - Petitioner raised construction on a part of the suit land - Held, petitioner has waived her right to assail and question the construction being raised by the respondents...........
Civil Procedure Code, 1908, Order 9, Rule 7 -- Ex parte proceedings - Setting aside - Report of personal service and an endorsement of process server in this regard with signature of defendant - Absence of plea that endorsement does not bear his signatures - No averment that defendant has no cordial relations with other defendants who are his family members, in order to..........
Civil Procedure Code, 1908, Order 7, Rule 11, 10 -- Rejection/return of plaint - If relief sought in the suit is barred under any law, then plaint can be rejected U.O.7.R.11 CPC - However, where jurisdiction to try suit is barred, then presiding officer is required to return the plaint for presentation before appropriate Court...........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint on the ground of jurisdiction - Suit for cancellation of sale deed - Jurisdiction of Civil Court to try suit barred u/s 331 of UPZA and LR Act, as such, plaint is liable to be returned for presentation before appropriate Court - Application allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where a party is having locus standi and is also interested in lis and his presence as a party in the suit is necessary for effective adjudication of suit, Court can order to implead such person even against the wish of plaintiff who is dominant litigant...........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit for permanent injunction - Matter relating to public property - Permission of Court U.O.1.R.8 CPC necessary before starting of hearing of case not taken by plaintiff - Even trial Court permitted parties to adduce evidences and passed judgment by dismissing suit without completion of formalities of O.1.R.8..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Court has to see averments in plaint to decide whether suit discloses triable cause of action - A meaningful and not a formal reading of plaint has to be adopted to determine whether plaint discloses cause of action or a clever drafting methodology has been used to create a semblance of a cause of action..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to challenge the Will and gift deed in favour of defendant Nos.1 & 2 - Said Will and gift deed was never in the knowledge of plaintiff and he came to know of this fact first time from the written statement of defendants - Moreover, said documents were not in the possession..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of limitation - Suit for specific performance - Legal notice issued by seller calling upon plaintiff to make balance payment within 7 days of receipt of legal notice with stipulation that if plaintiff failed to do so then seller would cancel the agreement and forfeit the earnest money - On expiry of..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Person who is having interest or semblance of interest in subject matter of suit is entitled to file application U.O.1.R.10 CPC...........
