Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of transferee pendente lite - Law as to: (i) For the purpose of impleading a transferee pendente lite, facts and circumstances should be gone into and basing on necessary facts, Court can permit such a party to come on record, either U.O.1.R.10 CPC or U.O.22.R.10 CPC,..........
Court Fees Act, 1870, Section 16, Civil Procedure Code, 1908, Section 89 -- Refund of Court fee - Settlement - Refund of Court fees is permissible only if the matter is referred to Arbitration, Conciliation, judicial settlement, including through Lok Adalat or meditation for settlement and case is decided in terms of such a settlement and not otherwise...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ex-parte interim injunction - An ex-parte interim injunction order is passed only in case of grave urgency after considering principles governing grant or refusal of injunction and analyzing pleadings and documents on record, that too for a specified period - Court should also take an undertaking from plaintiff that if..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - For rejection of plaint, only contents of plaint have to be looked into and material produced by defendant be it in the reply to the application for rejection of plaint or otherwise is not to be considered...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Limitation is not a pure question of law and therefore, a plaint cannot be rejected on the ground of limitation alone...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Plea of fraud has to be proved by leading evidence and plaint cannot be rejected at the threshold...........
Civil Procedure Code, 1908, Order 21, Rule 97, 102, 103 -- Execution - Objection by transferee pendente lite - Adjudication of objections raised by transferee pendente lite U.O.21.R.97 CPC itself is not maintainable - Accordingly, no appeal shall lie against the same, as it would not constitute a decree U.O.21.R.103 CPC...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Status quo order - Parties directed to maintain status quo order regarding possession and record of site in question and further not to transfer, mortgage or alienate suit property - Meaning thereby, as there is an order of status quo, party whosoever was in possession of property on date of filing of suit shall remain in..........
Civil Procedure Code, 1908, Order 8, Rule 9 -- Rejoinder - Reason given for necessity to file rejoinder in the application - Rejoinder also filed along with the application - Application allowed...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Principles of res judicata not only apply in respect of separate proceedings but general principles also apply at the subsequent stage of the same proceedings also and same Court is precluded to go into that question again which has been decided or deemed to have been decided by it at an early stage...........
