Civil Procedure Code, 1908, Section 151, Order 26, Rule 9 -- Local commissioner - Application to appoint local commissioner to note physical features of suit property sought at the stage of arguments - At this belated stage the relief of this nature cannot be granted...........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11(d) -- Rejection of plaint - Res judicata - Question as to whether property in dispute in civil suit and writ petition are same or different - It is a question of fact which can be decided only after parties lead evidence - Dismissal of application - No interference warranted...........
Civil Procedure Code, 1908, Order 37, Rule 2(3) -- Summary suit - Non-appearance of defendant despite service of summons - All the allegations made in the plaint deemed to be admitted - Plaintiff is entitled to a decree - Case cannot be set up for evidence as averments made in the plaint are deemed to be admitted...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier suit for possession of entire property based on settlement deed - Whereas, subsequent suit for partition for plaintiff's one-half share in property based on her birth right - Cause of action in both the suit is entirely different - Dismissal of earlier suit would not, in any way, be a bar for making a claim..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Setting aside - Remedy available is to approach the same Court which passed the compromise decree - Same cannot be done by separate suit which is barred in view of provisions of O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Earlier suit for declaration challenging sale deeds was withdrawn without reserving any right or liberty to file any fresh suit - Permission of Court not sought in that regard - As per provision of O.23.R.1(4) CPC, no, applicant precluded from instituting subsequent suit for challenging said sale..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Earlier suit withdrawn without reserving any right or liberty to file any fresh suit - Fresh suit seeking same relief is not maintainable - Absence of one of defendant in subsequent suit cannot be a ground for refusing prayer for rejecting plaint...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of a party - Necessary party can be impleaded at any stage of the suit for effective adjudication of controversy involved in the suit - Mere fact that application is moved at belated stage is no ground to decline impleadment...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleading of a party and consequential amendment of plaint - Impleading of one of the legal representatives of deceased vendor - Defendant in written statement had taken a plea that suit is bad for non joinder of such legal representative - Proposed party is necessary party to..........
Civil Procedure Code, 1908, Order 2, Rule 3, Civil Procedure Code, 1908, Order 1, Rule 3 -- Joinder of cause of action - Where the cause of action pertaining to property No.1 and property No.2, could not be joined in the same suit, defendants qua both the properties could also not be joined in same suit...........
