Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Strangers to the contract who are claiming their rights over the suit property as legal heirs of deceased/original propositus - They are not necessary parties - However, if they have any rights in the suit property, it would open to them to assert their rights either..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought in the nature of clarification to pleas already taken in written statement in addition to legal pleas - No case of defendants that in spite of due diligence such pleas could not be taken before commencement of trial - All such facts were not only pre-existing but also well..........
Civil Procedure Code, 1908, Order 7, Rule 11(a) -- Rejection of plaint - Cause of action - Partition suit - No averments in the plaint to the effect that suit property is a coparcenary property or that their existed a joint HUF - Rather plaintiff described the property as a self acquired property of his grandfather - S.6 of Hindu Succession Act would not come into play -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Allowed - Amendment relates back to the date of filing of suit - Once amendment is allowed and is not challenged by defendants, then issue with regard to limitation has to be decided in favour of plaintiff...........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - If Court after hearing on a preliminary issue finds that suit cannot be proceeded against some of defendants, it shall immediately pronounce judgment dismissing the suit as against them and shall pass a..........
Civil Procedure Code, 1908, Order 14, Rule 2, Civil Procedure Code, 1908, Order 20, Rule 5 -- Suit time barred against some of defendants - Pronouncement of judgment - Court ought to have entered a finding that suit is not maintainable against some of defendants and accordingly pronounced a judgment and passed a decree - Passing of an order that defendants were..........
Civil Procedure Code, 1908, Order 14, Rule 2(2) -- Preliminary issue - Maintainability of suit - When result of finding on preliminary issue is that suit is not maintainable, it brings an end to litigation between parties - Court shall pronounce judgment in such case - Court need not pass an order first and thereafter, a separate judgment on its basis - It can be a..........
Civil Procedure Code, 1908, Section 33 -- Judgment and decree - Decree is passed only if adjudication conclusively determines the rights of parties with regard to all or any of matters in controversy in suit - An adjudication which does not conclusively determines the rights of parties, is not a decree - If it is not a decree, grounds on which it is passed is not a..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of notice of motion - Grant of - Challenge as to - Suit for administration of estate of deceased - Appellant being highest bidder, sale process had already been confirmed and execution of document was directed in his favour - Since, vested right had been created in favour of appellant/bidder - Defendants could not..........
Civil Procedure Code, 1908, Order 21, Rule 97, 101 -- Execution - Decree for specific performance - Third party objections - Application for impleading in the suit dismissed - Order not challenged - Obstructers therefore not entitled to obstruct the decree in execution petition, more so when rights of some of obstructers were resolved in individual suits filed by them...........
