Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit for specific performance - Plaintiff is the dominus litis - It is for the plaintiff to choose against whom he wishes to litigate - Plaintiff cannot be forced to litigate against a party against whom he seeks no relief - If plaintiff omits to sue or litigate against the party whose presence is..........
Civil Procedure Code, 1908, Section 92 -- Suit u/s 92 CPC with permission of Court - Prayer for revocation of permission - Question as to whether Trust in question is a private Trust or charitable Trust - It is always open to defendant to take objection in this regard - Said issue should not be decided as preliminary issue, as nature of Trust can only be determined after..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - When defendant raises a triable issue or a reasonable defence, defendant is entitled to unconditional leave to defend...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend is granted even in cases where defendant upon disclosing a fact, though lacks the defence but makes a positive impression that at the trial the defence would be established to plaintiff's claim - Only in cases where defence set up is illusory or sham or practically moonshine, plaintiff is..........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit - Leave to defend - Not positively and immediately clear that defendant has a defence - However, facts leading to inference that defendant may be able to establish a defence to the plaintiff's claim - Held, plaintiff is not entitled to judgment and defendant is entitled to leave to defend - In such a case Court..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Applicability to arbitral proceedings - Suit for recovery of possession, arrears of rent - U, registered lease deed - Principles analogous to O.12.R.6 CPC, are equally applicable to arbitration proceedings - There is no dispute between parties as to relationship i.e to landlord and tenant, rate of..........
Civil Procedure Code, 1908, Section 80 -- Notice - Municipality - No notice is necessary when suit is filed against a municipality as municipal council is not a public officer...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Bar of subsequent suit - Neither reliefs claimed in two suits were identical, nor parties are same - Moreover, decision in earlier suit was not on merits - It cannot be held on singular facts and circumstances that subsequent suit is barred by res judicata...........
Civil Procedure Code, 1908, Order 7, Rule 10(1) -- Return of plaint - Can only be when Court comes to conclusion that suit ought to have been instituted in another Court - However, when civil Court comes to conclusion that it has no jurisdiction to entertain suit on the ground that same is barred due to availability of a statutory remedy under a statue, there would be no..........
Civil Procedure Code, 1908, Section 96 -- Appeal - Finding that Civil Court has no jurisdiction to entertain suit - It amounts to a decree - Remedy is of appeal u/s 96 CPC...........
