Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of party - The law is settled on the point that the plaintiff is sole architect of his plaint. It is the plaintiff who has a right to choose his own adversary against whom he seeks a relief. Where there was no allegation or any cause of action against the applicant who sought to be impleaded as defendant in the..........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Article 123 -- Exparte decree passed on 17.7.1990 without service of summons on defendant - Application for certified copy of judgment and decree filed on 20.2.1991 and copy made ready on 27.2.1991 and delivered to defendant on 28.2.1991 - Application to set aside exparte decree filed on 25.3.1991 - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Eviction petition - Subsequent suit for injunction restraining defendant from carrying out any construction or renovation - Compromise - Eviction petition withdrawn and tenant to deliver possession after expiry of certain period - Decree for possession after expiry of said period not beyond ambit of O.23.R.3 - It does not..........
Limitation Act, 1963, Section 5 -- Condonation of delay - Petitioner kept away from court at instance of husband - Petitioner came to know of decree later on - Petitioner had sufficient cause for not filing the upper appeal earlier...........
Agreement to sell -- Specific performance - Defendant borrowing cer-tain amount from plaintiff and executing agreement of sale of his only piece of land - Transaction is one of loan - Decree for money passed...........
Criminal Procedure Code, 1973, Section 125 -- Decree for restitution of conjugal rights obtained by husband - Not an absolute bar for wife claiming maintenance - Maintenance can be granted if wife has justifiable grounds to stay away from her husband...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Decree for restitution of conjugal rights not an absolute bar for consideration of maintenance petition - If the court is satisfied that wife had justifiable grounds to stay away from the husband, maintenance can be granted...........
Civil Procedure Code, 1908, Section 51 -- Proviso - Execution - Arrest & detention - Money decree - Any of the three conditions in proviso to S.51 CPC is to be fulfilled - In a decree for maintenance presumption ought to be drawn that the husband had means to pay the amount decreed at the time of judgment and continues to have the same means...........
Transfer of Property Act, 1882, Section 60, Civil Procedure Code, 1908, Order 23, Rule 1 -- Redemption - Till right to redeem is extinguished effectively either by the act of the parties or by an order of the court, the right to redeem subsists and can be acted upon - It is neither extinguished by withdrawal of a suit without making a prayer for filing a fresh suit nor it..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Mortgage suit - If an effective decree can be passed and the rights of the party not before the court can be safeguarded, suitable relief shall not be denied to the plaintiffs...........
