Civil Procedure Code, 1908, Order 22, Rule 3(2) -- (As in P&H) - Impleading of L.R's - There is no limitation for bringing on record legal representatives of plaintiff/appellant in a suit or an appeal - Amendment made by Punjab & Haryana High Court vide notification dated 21.2.1992 does not stand repealed by the Amending Act of 2002...........
Haryana Urban Development Authority Act, 1977, Section 50 -- Jurisdiction - Suit filed in civil Court - Issue of jurisdiction of Civil Court framed - No argument raised though and issue decided against appellants as not pressed - This amounts to waiver of plea of jurisdiction by the appellants...........
Civil Procedure Code, 1908, Order 23, Rule 3-A -- Compromise decree - Cannot be challenged by way of separate suit by the parties to the compromise decree - A person not party to the compromise decree can challenge the same by filing separate suit and not U.O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Grant of - Admitted case of appellants that they have already dismantled certain constructions as per suggestions of Advocate Commissioner by this Court - Trial Court had also made spot inspection and Court itself found that defendant-appellants had raised certain construction for stair case and had..........
Civil Procedure Code, 1908, Section 34, Order 34, Rule 11 -- Petitioner took loan from respondent corporation by creating equitable mortgage - Respondent corporation filed recovery suit - Held, S.34 CPC will not apply, as it is a suit based on mortgage - It is O.34.R.11 which applies which provides that interest at the agreed rate can be allowed upto the date on or before..........
Civil Procedure Code, 1908, Order 16, Rule 14 -- Court witness - An application to summon a person as Court witness does not lie - Court exercises power U.O.16.R.14 CPC on its own accord, and not on the insistence by a party to the suit - Though a party to the suit can place any information, which may impress upon or convince Court to exercise its power under that..........
Stamp Act, 1899, Section 47A -- Bond - Executed on stamp paper of Rs.15/- and registered - Audit objection - Show cause notice to recover stamp duty of Rs.12.73 lacs on the basis of audit objection chargeable on bond - Sub Registrar holding objection of audit party as justified - Petitioner filed suit for permanent injunction to put restrain on Sub Registrar and Collector..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Application for setting aside ex-parte decree - Suit involving adjudication of title of property after hearing the parties - Application allowed vide impugned order - Held, impugned order does not call for any interference...........
Civil Procedure Code, 1908, Order 1, Rule 10, Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - Cannot be impleaded as a party to the suit...........
Specific Relief Act, 1963, Section 16(c), Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Suit for specific performance - Ready and willing - Proof - Can only be proved by plaintiff himself when he enters into the witness box - This fact cannot be proved by an attorney which did not have personal knowledge either of the transaction or of his readiness and willingness -..........
