Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Notice u/s 80 CPC not given to one of the defendants - Plaintiff also wanted to consolidate all claims in one suit to avoid multiplicity of litigation - Sufficient grounds to allow withdrawal of suit with liberty to file it afresh...........
Civil Procedure Code, 1908, Order 33, Rule 5, 1(a) -- Permission to sue as indigent person - Court shall give notice to the opposite party - If there is no reason to reject the application, after the enquiry contemplated under O.33.R.1(a), it shall issue notice to the opposite party, or the Government Pleader to adduce evidence - Burden of proof as regards income is on the..........
Rent and Eviction -- Sub-letting - Pleading - 'The plaintiffs say that pending the suit the defendants have or any of them has inducted in the suit premises Defendant Nos.4 & 5 unlawfully' - Held, that such averment afforded sufficient notice to the other side that he was putting forth a case that first respondent was inducted into the premises by the tenant and such..........
Criminal Procedure Code, 1973, Section 407 -- Transfer of case - High Court Judge on inspection tour - Transfer application given to him - Notice issued through Sessions Court directing other side to appear before High Court Judge at his camp - Judge passing order transferring case - Not justified - Judge should have either directed applicants to file application before..........
Civil Procedure Code, 1908, Order 21, Rule 97 -- Eviction decree - Execution - Landlords executed sale deed in respect of land - Sub tenants obstructed execution - Vendee claiming under sale deed took out obstructionist notice - There was a specific reference to the eviction decree obtained by vendors/landlords, in the agreement of sale as well as in the sale deed - Plea..........
Civil Procedure Code, 1908, Order 41, Rule 14(3) -- Court has power to dispense with the service of notice of appeal on the defendants who had not appeared in the trial Court - This power is discretionary - Defendants were proceeded ex parte in the trial Court - Had not been personally served - In appeal Court ought not to have exercised discretion in dispensing with the..........
Civil Procedure Code, 1908, Order 41, Rule 14(4) -- Dispensing with service of notice of appeal on defendants who had not appeared in trial Court - Only discretionary - Appellate Court held that notice not necessary to defendants as they were proceeded ex parte in trial Court - Not correct - Defendants not personally served in trial Court - Appellate Court ought not to..........
Civil Procedure Code, 1908, Order 18, Rule 17A -- Categorically mentioned in application for additional evidence that documents sought to be produced and proved by way of additional evidence were within knowledge but could not be produced earlier despite due diligence and this fact came to notice of counsel only at the time of preparing arguments - Production of documents..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Can be granted pending disposal of application - Such order can also be made ex parte pending service of notice of application if Magistrate is convinced about prima facie case made out on basis of affidavit...........
Civil Procedure Code, 1908, Section 11, Order 21, Rule 90, 66 -- Auction sale - Setting aside - Allegation of irregularity in publishing and conducting sale - Omission to mention encumbrances in sale proclamation - J.D. duly served with notice for drawing up of sale proclamation - J.D. remained absent and did not raise objection to proclamation drawn up and sale conducted..........
