Civil Procedure Code, 1908, Section 96, Order 1, Rule 10 -- Appeal by co-owner for eviction on ground of bona fide requirement - Other non willing co-owners impleaded as proforma defendants in suit not impleaded as party in appeal - Held, co-owners are necessary party - Appeal is not maintainable...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand of case - Following conditions are necessary for court to exercise power under the provision : (i) Appellate court must be in seizin of decree passed by trial court on a preliminary point; (ii) decree should be reversed by appellate court in appeal; iii) if so, the appellate court, if it thinks fit, may remand the..........
Civil Procedure Code, 1908, Order 39, Rule 1 -- Ad-interim injunction - Plaintiff expanded unauthorized construction on the suit property in violation of status quo order - Photographs produced by Municipal Corporation regarding unauthorized construction proved on record - Plaintiff is not entitled to equitable relief, as such relief can only be granted if party comes to..........
Civil Procedure Code, 1908, Order 6, Civil Procedure Code, 1908, Order 7 -- Plaint which complies with the provisions in O.6, O.7 CPC becomes a suit when it is received on the file of Court and registered in the book prescribed for the purpose...........
Civil Procedure Code, 1908, Order 6, Civil Procedure Code, 1908, Order 7 -- Plaint filed in vacation Court becomes suit when it is received by Court on its file...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Declaratory suit without seeking necessary consequential reliefs in terms of S.34 of Specific Relief Act - Where plaintiff can seek relief other than a mere declaration of title, but omits to do so, plaintiff shall be precluded from seeking such consequential reliefs at a belated stage and Court would..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Territorial jurisdiction - Declaration of title - Relief of declaration sought in relation to property outside territorial jurisdiction of Court - Plaintiff cannot on one hand contend that partnership subsisted and without suing in the name of firm seek a declaration that agreements are void, nor can he..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Photocopy of document/receipt, which is the basis of suit - Original receipt was misplaced - Plaintiff seeks permission to place on record photocopy of said receipt, which in fact is mentioned in the list of documents - No prejudice is caused to defendant, as Court below had only allowed the..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Suit for partition and separate possession - Transferee pendente lite - Necessary party - Allowed to be impleaded as a party...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question - No prima facie case is..........
