Civil Procedure Code, 1908, Order 7, Rule 7, Civil Procedure Code, 1908, Order 20, Rule 12 -- Pendente lite mesne profits - Can be granted by Court by exercising power U.O.7.R.7 CPC though such relief is not specifically prayed in the suit...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - In calculating mesne profits/damages which are payable some amount of honest guess work is always required because evidence led by parties even if accepted will only show rate of rent for similar type of premises...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration of title - Impleadment of vendor of property to plaintiff - Vendor having no substantial interest in suit and no relief in the suit has been sought against her - She is neither a necessary party nor a proper party in suit - Since vendor has no longer any interest in suit schedule..........
Civil Procedure Code, 1908, Order 7, Rule 10, Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Transfer of suit to DRT - Dismissal of application - Claim of petitioner is a debt within meaning of S.2(g) of the Act - Present suit was not pending rather it was filed after Tribunal was established - Therefore, application for transfer..........
Civil Procedure Code, 1908, Order 32, Rule 15 -- Suit for declaration - Plaintiff claiming herself of unsound mind and seeking appointment of legal guardian - Plaintiff died before decision of application - Application by L.R's for impleadment - Court has no jurisdiction to entertain suit on behalf of a dead person - Plaint returned being not maintainable...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as plaintiff is not son of ancestor,..........
Civil Procedure Code, 1908, Order 13, Rule 4 -- Marking of document - Marking of document involves two aspects, one is procedural and the other is substantial - Procedural aspects relate to nature of document primary or secondary and once marked without objection on the procedural aspects, later it is not left open - As regards substantial aspects, even document marked..........
Civil Procedure Code, 1908, Section 39(4) -- Execution - Transfer of decree - Property of JD situated outside jurisdiction of Court which passed decree - Execution petition transferred to competent Court situated in U.P for further proceedings - Court deems it appropriate to issue a transfer certificate in favour of DH transferring the present petition to competent Court..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Set aside subject to payment of costs - Costs accepted without protest and no right reserved - Plaintiff is debarred from challenging the order setting aside ex parte decree...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Framing of issues - Issues are to be framed on the basis of assertions made by parties in the pleadings - The issues have to reflect the application of mind and the controversy involved in the suit - More so, issues are never framed placing negative onus on the party - Whichever party is asserting the particular right or fact..........
