Limitation Act, 1963, Section 7, Civil procedure Code, 1908, Section 47 -- Minor - Decree against minor represented by Court guardian - Only remedy available to minor after attaining majority is to file a separate suit to challenge the decree on the limited grounds of fraud, collusion or negligence of the guardian ad litem - Otherwise he has no right to file objections u/s..........
Civil Procedure Code, 1908, Order 32, Rule 12 -- Defendant when becomes a major during pendency of suit/appeal which is continuation of suit - - Can himself come on record as a major or he may be deemed to have adopted the proceedings and will be bound by the result of litigation - Where decree attained finality long after minor attained majority and he never objected..........
Civil Procedure Code, 1908, Order 32, Rule 3, 3 -- A-Minor if wants to have decree set aside on the ground that his interest not protected in the property - Must file suit asserting his rights on attaining majority or within 3 years thereafter under Section 7 Limitation Act - Interest of minor identical with that of other defendants and suit contested on every conceivable..........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit filed against Manager of Hindu joint family - Binding on minor members of the family as well - Hindu Law...........
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 8, Rule 6, 6A -- Amendment of written statement by making a claim against plaintiff after 8 years of filing of suit - Claim for recovery of any amount barred by time irrespective of the fact whether claim is in the nature of set-off or counter-claim - Amendment of written statement cannot be..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as party, in a suit for specific performance, of subsequent vendee who got sale deed executed through Court after filing suit - Applicant not only necessary party to suit but impleadment will set at rest controversy relating to property...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment as party - Can be ordered when Court finds that in absence of applicant seeking impleadment controversy raised in the suit cannot be effectively and completely settled...........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Death of defendant - Order passed that suit stands abated qua the deceased defendant - Impugned order could not have been passed after the 1976 amendment when it casts an obligation on the lawyer of the deceased party to intimate the death of the party he represents to the Court...........
Civil Procedure Code, 1908, Order 34, Rule 11 -- Interest pendente lite - If the contract rate is available such rate shall be awarded for the period from the date of the suit till the passing of the decree - If rate of interest is penal and usurious, Court has discretionary power to fix the reasonable rate of interest depending on the facts of each case...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Right that accrued to defendant by lapse of time - Cannot be taken away by amendment of plaint - Suit for declaration with consequential relief of permanent injunction - By amendment of plaint in 1993 of suit filed in 1987, wanted to convert suit to recover specified amount along with interest and ready..........
