Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - All claims emerging from a cause of action have to be included in one suit and a second suit for a claim on a cause of action would be barred unless leave of Court is obtained - Where a plaintiff who is entitled to a larger interest in the property claims only a smaller interest therein, the bar..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for recovery of possession by landlord - Landlord tenant relationship admitted - Service of notice terminating tenancy also admitted - Plea of tenant that landlord agreed to sell tenanted premises to him - Agreement to sell not registered - Nothing available on record to show that tenancy ended..........
Civil Procedure Code, 1908, Order 39, Rule 4 -- Temporary injunction - Vacation of order - It is not open for High Court to give a finding on main issue relating to maintainability of suit and family settlement reached between the parties - Impugned judgment and order of High Court set aside and matter remitted back for fresh disposal...........
Civil Procedure Code, 1908, Order 39, Rule 2A -- Disobedience of ad interim order of injunction by a person who is not party to the suit - Held, disobedience by a person who is neither a party nor named in the order would operate against violation of order if Court is satisfied with material on record that person concerned had knowledge of the order of injunction...........
Civil Procedure Code, 1908, Order 39, Rule 2A, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Proceedings U.O.39.R.2-A against a person who is not party to the suit - Court by exercise of power U.O.1.R.10(2) can strike of names of said respondents from the array of respondents, when there is nothing to show that such respondents had any knowledge of passing of the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of subsequent vendees - Suit for specific performance - Impleadment allowed with the rider that applicant will join the proceedings from the stage the application was allowed and would pursue the defenses already taken by defendant and will not be allowed to set up a new case by reopening the suit which was in its..........
Civil Procedure Code, 1908, Order 26, Rule 10 -- Local commissioner - Report of Advocate Commissioner is evidence only in suit in which it is filed but it can be marked in evidence in another suit by examining the same Advocate Commissioner...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit barred by limitation - Rejection of plaint without framing an issue and allowing parties to lead evidence - To adjudicate issue whether suit is within time or not, evidence is required to be adduced by both the parties - An issue with regard to limitation alognwith other issues has to be framed and..........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10 -- Amendment of plaint - Suit for specific performance - Impleadment of pre suit vendees with a prayer to set aside sale deed - Sale deed cannot be said to be challenged beyond period of limitation - Plaintiff has a valuable right to amend his pleadings to protect his direct interest..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of subsequent vendees - Suit for specific performance - Sale despite injunction order - Question as to whether sale was despite knowledge of injunction order and as to whether subsequent vendees are bona fide purchasers can only be decided after parties lead evidence..........
