Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit on the apprehension that defendant is attempting to transfer the property to some other person in breach of agreement - Held, it constitutes a valid cause of action - Suit cannot be thrown out at the threshold U.O.7.R.11 CPC...........
Civil Procedure Code, 1908, Order 3, Rule 4 -- Compromise by counsel - Challenged on the ground that counsel was not authorized to make any compromise - Authority of Advocate not challenged by giving him any notice or by writing any letter to him, disputing such compromise - Suit challenging compromise, held, rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of party in execution - Purchaser of property - Sale of property by one of the decree holders after his right was determined upto High Court - Impleadment sought during pendency of suit is quite different as property cannot be alienated without permission of Court as..........
Civil Procedure Code, 1908, Order 39 -- Temporary injunction - Suit for declaration and interim injunction - Defendants No.1 and 2 executed sale deed in favour of defendant No.3 - Defendant Nos.1 and 2 executed registered general power of attorney on the same day in favour of one `M' - `M' executed registered sale deed in favour of plaintiff - Plaintiff and `M' had notice..........
Civil Procedure Code, 1908, Order 21, Rule 97, Transfer of Property Act, 1882, Section 52 -- Transferee pendente lite - A person who obtains possession of suit property during pendency of suit cannot maintain an application U.O.21.R.97 CPC and such transfer is hit by doctrine of lis pendens u/s 52 of TPA...........
Civil Procedure Code, 1908, Order 37, Rule 1, 3 -- Leave to defend - Suit for recovery of sum based on promissory note - Defendant No.1 applied for education loan and defendants Nos.2 and 3 were co-borrower and guarantor - Defendant No.4 is training providing company - Record produced shows that no training imparted by the fourth defendant to the first defendant and..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - Date of birth in Passport mentioned as 5.8.1976 - Plaintiff in his statement U.O.10.R.2 stated that he was born in the year 1979, hence, for the purpose of suit that has to be taken as correct...........
Civil Procedure Code, 1908, Order 18, Rule 18 -- Inspection of suit property by Presiding Judge - Power of Court - Held, inspection of suit Property by Presiding Judge - Court is vested with power U.O.18.R.18 CPC to inspect suit property - Power could be exercised only at discretion of Court considering the facts and circumstances of case to meet ends of justice - Unless..........
Civil Procedure Code, 1908, Order 7, Rule 14(3) -- Late production of documents - Leave of Court is necessary - Leave not to be granted for mere asking - Whoever seeks to submit documents subsequent to filing of suit, is under a duty to explain why the documents could not be filed when plaint was presented - Court to pass a reasoned order - Order allowing late production..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Suit for specific performance - Restraining defendant from alienating, transferring or creating any third party interest in the suit land during pendency of suit - Unregistered agreement to sell is admissible in evidence in a suit for specific performance - Plaintiff willing to perform his part of..........
