Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for possession - Defendant claiming possession on the basis of an oral agreement to sell - Held, defendant has no right to remain in occupation of the premises or retain possession merely because of oral agreement to sell in his favour and that too with one of the joint owners only - Trial Court..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Applicant basing his claim on an independent interest - It cannot be said that without presence of applicant, dispute raised in the suit cannot be determined - Impleadment of applicant will lead to unnecessarily complicating the litigation, which is far beyond the scope of suit instituted by plaintiff..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleading of a party - Suit for partition - Subsequent bona fide purchasers - Scope of relief in a suit for partition cannot be changed to a suit for eviction and possession by impleading third parties, who are neither necessary nor proper parties to the original suit...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit - Dismissal in default due to non appearance of plaintiff - Bars fresh suit in respect of same cause of action - However, it does not preclude fresh suit if a cause of action is separate and distinct...........
Civil Procedure Code, 1908, Section 151 -- Conversion of appeal into revision - Suit u/s 6 of Specific Relief Act - S.6(3) of Specific Relief Act bars appeal - Plaintiff applied for conversion of appeal into revision, which stands rejected - Court in exercise of inherent jurisdiction has full authority of law and discretion to covert an appeal into a revision or vice-versa..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of subsequent purchaser - Suit for specific performance - Vendor ex parte in the suit - Subsequent purchasers of suit property can be allowed to come on record, though they failed to explain the reason for filing the application belatedly as their legal rights in suit property would be affected in case decree..........
Civil Procedure Code, 1908, Order 14, Rule 2 -- Preliminary issue - An issue can be decided as preliminary issue when Court is of opinion that case or any part thereof may be disposed of "on an issue of law only" - However, it is further limited to the contingency that issue to be so tried must relate to the jurisdiction of Court or a bar to the suit created by a law in..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transfer pendente lite - Impleadment - Suit for specific performance - Impleadment of subsequent transferee is necessary for effective and complete adjudication and to settle all questions involved in the suit - No doubt impleadment at this stage would cause delay but ends of justice would be adequately met in case suit is..........
Civil Procedure Code, 1908, Section 11, Order 7, Rule 11 -- Rejection of plaint - Res judicata - Partition suit - In the earlier suit issue of partition between parties had been finally decided - Second suit of partition of the same land is not maintainable - Plea of plaintiffs that partition was effected during their minority and it was unfair and unjust to the interest..........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Interim injunction - Disobedience - Defendant Nos.1 to 3 were not a party to suit when injunction order was passed - Nor they had knowledge about injunction order - Defendants were not bound by said injunction order, thus, cannot be held liable for disobedience of injunction order U.O.39.R.2-A CPC - Application rightly..........
