Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - During pendency of appeal against eviction order application is filed for impleadment of respondent no. 5 (representing Government) on ground that suit land belongs to Government - If Government has any interest in suit property, it might have filed application during pendency of suit..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defence set up by defendant completely frivolous and moonshine as he does not raise any triable issue - Promissory note relied upon by plaintiff may not meet the requirement of a promissory note as defined in S.4 of Negotiable Instruments Act - However, same is undoubtedly an..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Recovery suit - Suit of plaintiff decreed and liability of defendant stands established - There is every likelihood that defendant may evade execution of decree passed by Court, as previous conduct of defendant shows that even earlier he issued post dated cheques which were dishonoured and he was..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Before a new party is impleaded notice must be issued to proposed party and not after Court comes to conclusion that proposed party is a necessary party - However, even if a party is impleaded without issuing any notice to it, an opportunity to file application U.O.1.R.10(2) is always available to such..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading a party - Suit for specific performance - Subsequent purchasers - Part of suit property purchased by petitioner after date of agreement to sale, which is subject matter of suit in question - Petitioner clearly fall within the category of subsequent purchaser and would definitely be affected by present suit - Hence,..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Subsequent events - Amendment sought to incorporate certain acts committed by petitioners subsequent to filing of suit - Proposed amendment is continuation of what is already averred in the plaint - Said amendments thus, not change the nature of suit - Amendment necessary for determining real issues in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction suit - Death of plaintiff - One of the sons of plaintiff already substituted on the basis of Will - Petitioner is another son of plaintiff, who is seeking impleadment on the ground that property is ancestral property and he is a co-owner - Will in question has not been set aside till date -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Based on subsequent developments - Amendment if allowed would not change the nature of suit - Amendment rightly allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Execution - Impleadment of a party - Application U.O.21.R.97 CPC - Petitioner seeking impleadment on the basis of sale deed executed in his favour during pendency of application U.O.21.R.97 CPC filed by his vendor - However, decree for possession of immovable property can only be resisted or obstructed by a person who is in..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Filed after two and a half years of framing of issues - Plaintiff's evidence was still being recorded by trial Court, when counter claim was filed - Cause of action on the basis of which counter claim was filed accrued before filing of written statement - No serious injustice or irreparable loss would be..........
