Civil Procedure Code, 1908, Order 41, Rule 20(2), Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Appeal - Impleadment of a party - Petitioners as pro forma defendants failed to file written statement and proceeded ex parte in title suit - They never tried to recall ex parte order passed against them - Rather, application U.O.1.R.10(2) CPC was filed by petitioners twice..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before ordering substituted service Court is required to record its satisfaction that no other way is available to serve notice except adopting exceptional method...........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - No material available to the satisfaction of Court to arrive at conclusion that defendant is keeping out of the way for the purpose of avoiding service or that for any other reason summons cannot be served in ordinary way - Application for substituted service, dismissed...........
Civil Procedure Code, 1908, Order 20, Rule 11(2) -- Execution - Money decree - Executing Court has no jurisdiction to grant payment of decretal amount by installment without consent of decree holder...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Final decree - Shares of parties already determined with plaintiff and defendant no.1 by passing a preliminary decree - It is only with respect to 2/6th share that there is inter se dispute between defendant no.2 and defendant no.3 - Said dispute does not fall adjudication in the present suit, as it is already a..........
Civil Procedure Code, 1908, Section 20, Order 7, Rule 10 -- Return of plaint - Lack of jurisdiction - Lease agreement and corporate guarantee - Defendant no.1 agreed by corporate guarantee to be subject to jurisdiction of Courts not only in Saudi Arabia but also abroad, thus, cannot be allowed to urge that suit instituted is against the spirit of contract - Moreover,..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Cannot be allowed on the ground of multiplicity of defendants - Such is not a ground to permit application seeking substituted service...........
Civil Procedure Code, 1908, Order 20, Rule 12A -- Specific performance - In every decree of specific performance of contract, Court has to specify period within which payment has to be made...........
Civil Procedure Code, 1908, Order 20, Rule 16, Civil Procedure Code, 1908, Order 11, Rule 14 -- O.20.R.16 CPC and O.11.R.14 CPC, operate in different field for which framing of preliminary decree is sine qua non for establishing fact in issue...........
Indian Penal Code, 1860, Section 499, 500, Criminal Procedure Code, 1973, Section 300, Constitution of India, 1950, Article 20 -- Civil suit for damages and criminal proceedings for defamation - Same parties in both the cases - However, both the cases are different in nature - Both civil suit and criminal proceedings can continue simultaneously - Accused cannot get the..........
