Civil Procedure Code, 1908, Order 33, Rule 1 -- Indigent person - Amount lying in fixed deposit which is consideration for the transaction which is impeached in the suit - Held, it cannot be reckoned to determine the income for the purpose of adjudicating an application U.O.33.R.1 CPC...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit for declaration claiming title by succession - Amendment sought to incorporate plea of adverse possession - Amendment sought changes the very nature of suit by claiming title on the basis of adverse possession and abandoning earlier plea of title by succession - Order allowing amendment, set aside...........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Bar by limitation - Plea of limitation is a mixed question of law and fact which has to be adjudicated along with other pleas - Parties being at issue of disputed question of facts, interest of justice requires parties to lead evidence and seek adjudication on pleas of fact and law - Suit of plaintiff..........
Civil Procedure Code, 1908, Order 7, Rule 11, Partnership Act, 1932, Section 69 -- Rejection of plaint - Suit by partner of partnership firm - Suit barred u/s 69(1) of Partnership Act - Registration of partnership firm is pre-condition for maintaining a suit by a partner against partnership firm and other partners to enforce any right arising out of contract - Since the..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of suit dismissed in default - Dismissal of suit for absence of plaintiff and for want of evidence - Is dismissal in default as contemplated U.O.9.R.8 CPC - Plaintiff can seek restoration of suit U.O.9.R.9 CPC for setting aside dismissal on fulfilment of conditions as laid down therein...........
Civil Procedure Code, 1908, Section 96 -- Appeal - Suit dismissed in default - Maintainability of appeal - Dismissal of suit for absence of plaintiff and for want of evidence is not in the nature of a decree, as rights of parties are not adjudicated - Appeal against same does not lie u/s 96 CPC - Appeal, held, not maintainable...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Third party/stranger claiming independent title is neither necessary party nor proper party and therefore, he is not entitled to be joined as party defendant in suit - Order impleading third party, set aside...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Temporary Injunction - Suit for specific performance - Restraining defendant from selling, transferring, mortgaging or creating any third party interest in the suit property, till final decision of suit - Substantial amount already paid - Injunction granted - Defendant restrained from creating third party..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Infringement of copy right - Accrual of cause of action is sine quo non for a suit to be filed - Cause of action is a bundle of facts which is required to be proved to grant relief to plaintiff - Cause of action not only refers to infringement but also the material facts on which right is..........
Civil Procedure Code, 1908, Section 20 -- Territorial jurisdiction of Court - Procedure to institute a suit with respect to S.134(1)(c) of Trade Marks Act in respect of `passing off' continues to be governed by S.20 CPC...........
