Civil Procedure Code, 1908, Section 151, Order 7, Rule 11 -- Rejection of plaint - Court Fee - Where court fee is paid subsequent to date fixed by court for making up the deficit court fee, court would treat it as fresh plaint - Restoring of suit after paying court fee to its original number cannot be sustained and same is liable to be set aside...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Both the parties claiming on the basis of Will in their favour - Joint trial of two suits filed by each party ordered - Court rightly directed plaintiff who filed suit earlier in point of time to lead evidence in proof of his case in consonance with O.18.R.1 CPC - No interference warranted - Petition..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Agreement to sell - Plaintiff initially filed a suit for permanent injunction fully aware of the fact that he was also entitled to ask for a suit for specific performance - Subsequent suit for specific performance on the same cause of action, held, barred U.O.2.R.2 CPC - Suit dismissed...........
Civil Procedure Code, 1908, Order 20, Rule 16 -- Suit for rendition of accounts - It does not create or confer any substantive right to seek rendition of accounts in any particular type of cases, nor in all types of cases - It merely refers to a rule of procedure and would apply where there is an existing right to seek rendition of accounts having regard to relationship..........
Civil Procedure Code, 1908, Order 20, Rule 16 -- Suit for rendition of accounts - Appellant alleged that respondents have been purchasing cloth on credit vide various bills - Appellant failed to prove seller-Purchaser relationship between him and respondents - Appellant also failed to prove that any order was ever placed for purchase of cloth by respondent or any agreement..........
Civil Procedure Code, 1908, Order 9, Rule 7, Civil Procedure Code, 1908, Order 17, Rule 3 -- Dismissal of suit for default - Maintainability - Suit for specific performance - There is a clear distinction between dismissal of suit for default and dismissing suit for other kinds of default - If the suit is dismissed for default then application to set aside will be filed..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Suit instituted before amendment in CPC - No question of any change in nature of suit - Amendment seeks to correct date of agreement as the mistake occurred because of typographical mistake - Case is still at initial stage i.e. evidence of plaintiff - Amendment allowed...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of party - Principles of Dominus litis does not permit a person who has no interest in suit to be impleaded as a party, especially once plaintiff is not seeking any relief against him - Applicant not allowed to be impleaded as party...........
Civil Procedure Code, 1908, Order 22, Rule 10 -- Assignment before final order - Once petitioners were permitted to be associated as assignees of defendants to continue and defend the suit in terms of O 22 R 10, it is incumbent to allow them to cross-examine the witnesses whose chief examinations had been recorded earlier...........
Specific Relief Act, 1963, Section 37, 38, Civil Procedure Code, 1908, Order 1, Rule 8 -- Permanent Injunction - Plaintiff filed suit in representative capacity - Plaintiff did not prove on record by leading direct and cogent evidence much less documentary evidence that they were in possession of trees standing on land and ownership of trees vested in them - Injunction..........
