Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Party that establishes some semblance of title or interest in suit property can be impleaded as a party even in a suit for specific performance - Such party is thus, proper and necessary party for effectual and complete adjudication of suit - Application rightly..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Interim injunction - Seeking stay on suspension of dealership - Dealership agreement suspended due to certain irregularities allegedly found in stock of motor spirit - However, allegation regarding irregularities in stock of motor spirit was said to be subject matter of evidence - Such fact findings have been..........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Parties not at issue on any material question of law or fact - Court may at once pronounce judgment...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Framing of issues where defendant does not present a defense is not mandated, still the importance of framing of issues cannot be underscored...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Test for finding as to omission to frame issues have caused prejudice to parties or not can be laid down on touchstone as to whether parties that go to trial had knowledge that (i) a particular question is in issue and; (ii) had opportunity to lead evidence on that issue...........
Civil Procedure Code, 1908, Order 14, Rule 1, 2 -- Issues - Omission to frame issues - Suit for specific performance - Suit was dismissed for lack of title in favour of defendant - No issues or points for determination were framed for the same - Plaintiff at no point was given an opportunity to lead evidence on the same - In the absence of any issues and especially in the..........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Power of attorney holder may depose on behalf of principal in respect of such acts which are within his personal knowledge but he cannot certainly depose for principal for the acts done by principal and not known personally by him...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of subsequent transferee and amendment of plaint - Suit for specific performance - During pendency of suit gift deed executed by defendant in favour of his son and mutation entries made in favour of transferee - Transferee deserves to be impleaded as a party and plaint..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Court has discretionary power U.O.1.R.10 CPC to add parties - However, such power cannot be invoked to cure a fundamental defect arising from failure to implead necessary parties when relevant information was available on record and could have been discovered with due diligence...........
