Civil Procedure Code, 1908, Order 1, Rule 10 -- Proforma defendant - Transposing as plaintiff - Plaintiff and contesting defendant compromised - Suit already decided - Cannot be reopened by permitting the proforma defendant to be impleaded as the plaintiff in the suit - If the proforma defendant has any cause of action independently, it is always open to him to file suit..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposing of proforma defendant as plaintiff when plaintiff enters into compromise with contesting defendant - If proforma defendant has any cause of action independently then he can file suit against such defendant - But a suit, which has already been decided between the plaintiff and the defendant, cannot be reopened by..........
Civil Procedure Code, 1908, Order 5, Rule 6 -- `Sufficient time' - Summons served two days earlier to the date fixed in the case - Court located at a few kilometres away from the house of the defendant - Cannot be termed as insufficient or unreasonable...........
Civil Procedure Code, 1908, Order 11, Rule 12, 13, 14 -- Suit for recovery of money - Defendant denying the same - Plaintiff cannot ask for production of documents in possession of defendant as to where the defendant invested the money in question - Fishing and roving enquiry is not permissible...........
Limitation Act, 1963, Section 18, Partnership Act, 1932, Section 45 -- Acknowledgment - Partnership firm - Defendant No.2. one of the partners categorically informed Bank about disputes between partners - Acknowledgment of balance by other partner thereafter - Does not bind defendant No.2...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Due service of summons - Summons sent four times and also by registered post - Service effected by refusal - Both the Courts below holding that defendant had knowledge of suit and intentionally did not appear - No illegality in orders of Courts below...........
Civil Procedure Code, 1908, Order 22, Rule 9 -- Death of appellant/defendant in second appeal - Second appeal dismissed on merits without knowledge of death of appellant - Execution against L.R's cannot be resisted on the plea that execution of decree passed in second appeal cannot be executed being nullity as passed against a dead person - Failure on the part of the L.R's..........
Agreement to sell -- Suit for specific performance - Defendant was to obtain permission of Competent Authority under the provisions of Bombay Prevention of Fragmentation and Consolidation of Holdings Act and that if permission is not obtained the vendor shall repay the earnest money alongwith damages - Vendor did not obtain the required permission - Suit decreed - Decree..........
Civil Procedure Code, 1908, Order 40, Rule 1 -- Partnership firm - Receiver - Provision can be applied to partnership firms - For just and convenient reasons Court can appoint a Receiver - Before ordering the appointment of Receiver it is obligatory upon the plaintiff to show a good prima facie case to justify the appointment of Receiver - Where the defendant in a suit for..........
Agreement to sell -- Suit for specific performance - Plea of breach of contract by defendant - Where the plaintiff itself was in default and not ready and willing to perform contract - Plaintiff disentitle to relief of specific performance...........
