Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Non filing within time - Nine adjournments granted to file written statement - Written statement not filed as defendant was under impression that plaintiff will withdraw suit after compromise in between the parties - Defendant was duty bound to ensure that follow up steps to withdraw suit are taken -..........
Civil Procedure Code, 1908, Order 1, Rule 10, 9, 3 -- Impleadment of son - Eviction suit against daughter-in-law - Son is not residing in suit property and even no relief is claimed against him - He cannot be said to be a necessary party to litigation between Father-in-law and daughter-in-law - Moreover, plaintiff/father-in-law in a suit being a dominus litis, may choose..........
Civil Procedure Code, 1908, Order 6, Rule 1, 15(4) -- Affidavit in support of pleadings - Duly verified written statement without accompanying an affidavit, as required U.O.6.R.15(4) does not mean that it is incomplete...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for declaration of title and confirmation of possession - Suit property sold to vendors of plaintiffs during pendency of suit, which was hit by lis pendens - Plaintiffs purchased the same when their vendors had no title over land and their possession is through mortgagee - Application rightly..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Where third party shows fair semblance of title or interest in suit property, he can be impleaded in the suit, as fate of suit would directly affect right of third party - Application allowed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit land is jointly owned and possessed by parties and other co-sharers - Averments made by defendant with regard to construction by all co-sharers in terms of family arrangement as well as existence of old structure have not been specifically denied by plaintiffs - Plaintiffs failed to approach..........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Jurisdiction of Civil Court - Such issue is required to be decided first and thereafter application for temporary injunction be adjudicated...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of parties - Eviction suit - Petitioners sought their impleadment in suit claiming themselves to be owner of suit property - However, petitioners have already instituted a suit for declaration of title - Question of title is not to be adjudicated in eviction suit, as eviction proceedings are summary in nature -..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Infringement of copyright - Plaintiff sought temporary injunction against defendants from telecasting or exhibiting their web series by name `Singardaan' - Plaintiff writer and original author of story `Singardaan' which was published much before making defendant's web series - Defendant's work done..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - While exercising discretion to add a party Court must be guided by following factors: (i) whether party sought to be added is a necessary party or not; (ii) whether his presence would enable Court to effectually and completely adjudicate all questions involved in that case; (iii) whether his..........
