Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Does not depend solely on the question whether applicant has interest in the suit property - However, question to be considered is whether right of said person may be affected if he is not added as party - Such right includes necessarily an enforceable legal right...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading a party - Suit for mandatory injunction - Applicant having share in the property in dispute - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Reasoning or finding recorded at the time of disposal of temporary injunction application while considering prima facie case would not act as a precedent or res judicata at the time of final disposal of suit on its merits as reasoning and conclusions are intended only for the limited purpose of..........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Additional issue - Issue as to maintainability of suit and that suit is barred by Ss.10, 133 of Companies Act - Maintainability of suit and jurisdiction of Civil Court are two separate matters - Court may have decided question of jurisdiction earlier but question regarding maintainability of suit or whether suit is barred by..........
Civil Procedure Code, 1908, Section 115, Order 14, Rule 5 -- Refusal to frame additional issue - Revision against - Held, maintainable - (1) Refusal to frame additional issue amounts to `a case decided' for the purposes of maintainability of revision; (ii) It is not an appealable order; (iii) non framing of additional issue necessarily results in failure to exercise..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Subsequent transferee during pendency of suit - Application U.O.1.R.10 CPC is not maintainable - It is always open to subsequent transferee to prosecute the matter by moving an application U.O.22.R.10 CPC which would then be considered by Court...........
Civil Procedure Code, 1908, Order 16, Rule 1 -- Examination of witness - Not mentioned in the list of witnesses - Evidence of defendants not yet closed - During continuation of defendants evidence, application U.O.16.R.1 CPC filed by defendant for examining a witness who is none other than identifier in concerned sale deed, which is the subject matter of suit - Citing such..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for partition - Right of partition whether available or not as per law prevailing can only be decided after pleadings are completed and evidence adduced - Order rejecting application, upheld - However, observations while dismissing application that suit schedule property is ancestral property of..........
Civil Procedure Code, 1908, Order 34, Rule 5, Transfer of Property Act, 1882, Section 60 -- Mortgage - Final decree in suit for sale - Right of redemption - Where suit property is mortgaged and sold out in Court auction to third party for realization of money dues and sale become final, mortgagor of property have no right of redemption as mortgagor can redeem property only..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Local Commissioner - Appointment in a suit for injunction - There is no absolute bar on appointment of Commissioner in a suit for injunction particularly when application is filed in order to note down the physical features of suit property...........
