Civil Procedure Code, 1908, Order 23, Rule 1, Civil Procedure Code, 1908, Order 1, Rule 8 -- Withdrawal of suit filed U.O.1.R.8 CPC - Court has power to continue with proceedings even if original party does not want to proceed...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minor - Minor attained majority during pendency of suit - Held, if minor defendant who attained majority does not choose to come on record and contest the suit by himself, he must be deemed to have elected to abide by representation of guardian and judgment and decree eventually passed in suit would be binding..........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit - Setting aside decree - While deciding an application U.O.37.R.4 CPC Trial Court does not sit as a Court of appeal over its own judgment and decree - Power envisaged by said provision of law is for setting aside the decree `under special circumstances' only...........
Civil Procedure Code, 1908, Order 37, Rule 4 -- Summary suit for recovery - Setting aside decree - Trial Court failed to enumerate even a single special circumstance which is so grave, exceptional or extraordinary in nature that it warrants the setting aside of decree - Decree was not made ex-parte - Grounds like summary suit was not filed in proper form and no original..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Final decree proceedings - Court on its own or on an application made by a party, can implead a party in the final decree proceedings if Court is of the opinion that proposed party has a right in the subject matter and there is possibility of his right being affected if he is not..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - When claim of parties with respect to suit properties is indivisible or inseparable, in that case on account of non substitution of heirs of any of the parties, the suit/appeal as a whole becomes incompetent and is liable to be dismissed...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - Suit for partition - One of appellant died during pendency of appeal - L.R's not substituted - Appeal as a whole becomes incompetent - In a suit for partition each and every co-sharer/co-owner is in the position of plaintiff as also defendant - For an effective decision of partition suit/appeal,..........
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A -- Counter-claim - For all intents and purposes must be understood as suit filed by one who is impleaded as defendant - `Counter-claim' is essentially filed to obstruct claim raised in suit - `Counter-claim' is tried jointly with suit filed by plaintiff and has same effect as cross-suit - For all intents and purposes..........
Civil Procedure Code, 1908, Section 10 -- Stay of suit - Where an issue is already pending adjudication between same parties, in a Court having jurisdiction to adjudicate upon same, a subsequently instituted suit on same issue between same parties, cannot be allowed to proceed...........
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A, Patents Act, 1970, Section 64 - - Counter-claim - Revocation petition - Infringement suit - Respondents in their capacity as `any person interested' had filed revocation petition before institution of an infringement suit - Held, they cannot be permitted to file `counter-claim' on same cause of action - While..........
