Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 17, Rule 2 -- Court proceeded U/O.9.17(2) - Application U/O.9.R.13 competent...........
Civil Procedure Code, 1908, Order 22, Rule 1, 2, Civil Procedure Code, 1908, Order 41, Rule 20 -- In a suit defendant died and his son impleaded Appeal filed in the name of dead person as his name was contained in certified copy to judgment - If mistake is bonafide the name of the son can be allowed to be impleaded U/O.41.R.20 CPC - Mistake not bonafide - In the..........
Civil Procedure Code, 1908, Section 151, Order 2, Rule 2 -- Two suits at the same time on the same day in the same court - Proper procedure to consolidate in exercise of inherent jurisdiction u/s 151 CPC - The provisions of O.2.R.2 CPC would not apply where the two suits based on the same cause of action are instituted simultaneously on the same day and the proper..........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Bar of subsequent suit - Should be the same cause of action - Proof to be by way of copy of plaint of earlier suit...........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Fraud - Allegations not sufficient - Must be specifically pleaded and substantiated...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- If a plaintiff does not seek the entire relief to which he is entitled in respect of a cause of action on which he sues, he shall not later on sue for the relinquished relief without the leave of the court - So long as the plaintiff does not bring such a second suit the applicability of 0.2.R.2 CPC is not attracted...........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 1, 2 -- Setting aside ex-parte decree - Due service - Summons not accompanying copy of plaint or concise statement not a due service - Ex-parte proceedings set aside...........
Civil Procedure Code, 1908, Order 2, Rule 2 -- Money suit - Defendant created an independent liability by entering into a separate transaction and executed a hundi - Suit on hundi or even on the original consideration is maintainable...........
Civil Procedure Code, 1908, Order 13, Rule 2 -- Production of document at late stage - Necessary to find out, though in a summary manner, the genuineness and relevancy of the document...........
Civil Procedure Code, 1908, Section 141, 100, 47, Order 21, Rule 2 -- Procedure provided in the Code applicable in all proceedings of civil jurisdiction - Does not apply to execution proceedings...........
