Civil Procedure Code, 1908, Section 151, Civil Procedure Code, 1908, Section 151, Constitution of India, Article 226, 227, Locus standi, Order obtained by deceitful means -- Plaint - Quashing - If Court is satisfied that a suit is filed with mala fide intention and with ulterior motive by incorporating pleadings in the plaint which are false to the knowledge of the..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Formulating or raising substantial question of law - Does not depend solely upon the issues which may arise in the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Section , Order 8, Rule 6-A -- Amendment of written statement to incorporate counter claim - In the instant case compromise decree passed - Set aside in appeal and case remanded - Counter claim by way of amendment of written statement sought on the ground that suit land had been mutated in the name..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Suit for damages - Relief of injunction - There is no averment that any attempts are made to dispose off property - Furthermore the suit is only for damages - Held, applicants are not entitled to seek order of injunction for reason that relief of injunction cannot be granted in final decree where suit is for damages only -..........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Application for - Defendants/respondents are in established possession - Suit is also not for possession - Held, applicants are not entitled to free access to suit property - Order of attachment cannot also be passed as no ground is made out for exercise of jurisdiction U.O.38.R.5 of the Code...........
Civil Procedure Code, 1908, Order 9, Rule 8, 9 -- Suit dismissed wholly or partly U.O.9.R.8 - Plaintiff shall be precluded from bringing a fresh suit in respect of same cause of action...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Consent decree - There is no total bar to widen the scope of consent terms - It may cover other subjects or relief though not part of the suit - Court while passing the consent terms/decree needs to consider the relevant laws and once satisfied, Court is empowered to pass consent decree on all issues and/or subjects which may..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Declaratory suit for co-ownership right in joint property - Some legal heirs of deceased plaintiff not substituted - Share of each of plaintiff neither separable nor distinct - Held, due to non substitution of some of plaintiff, appeal would abate in toto for simple reason that appeal is a continuity of..........
Civil Procedure Code, 1908, Order 17, Rule 2, 3 -- Non-examination of material witnesses - Application of O.17.Rr.2, 3 - Only formal witnesses have been examined as no material witnesses could be examined by plaintiff and on date fixed further witnesses could not be produced for examination - Suit was dismissed U.O.17.Rr.3 of the Code after recording finding that no..........
Civil Procedure Code, 1908, Section 148, Specific Relief Act, 1963, Section 28 -- Suit for specific performance - Conditional decree of specific performance - Delay of 4 days in deposit - Condonation of delay - Bona fide unintentional delay in depositing the amount - Even otherwise, no evidence has been led in order to prove that plaintiff/respondent had no money on the..........
