Civil Procedure Code, 1908, Order 22, Rule 10A -- Death of party - Duty is cast upon pleader to intimate Court about death of party as per O.22.R.10-A CPC - Once court is informed by pleader of a party that he is no more, Court `shall' notify opposing party of death - However, when information regarding party's death is conveyed to Court in presence of opposing party's..........
Civil Procedure Code, 1908, Order 7, Rule 11(d) -- Rejection of plaint - Cause of action - Partition suit - Suit land was inam re-granted to defendant no.1 - He was granted ownership and thus, he was absolute owner and entitled to dispose of property - When father and grandfather of plaintiff never objected to sale deed or asserted any right in respect of property,..........
Civil Procedure Code, 1908, Section 151, Order 11, Rule 14 -- Production of documents - At the fag end of trial - Case fixed for judgment and that stage applicant seeking documents from defendants has been filed - When there is specific provision for production of document prior to settlement of issues and stage has been fixed for the same, plaintiff could not approach..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - When Court finds that in absence of persons sought to be impleaded as a party to suit, controversy raised in suit cannot be effectively and completely settled, Court would do justice by impleading such persons...........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of interveners - Probate proceedings - Dispute is with regard to genuineness of Will - Opposite parties claimed that testatrix was their aunt and said property is joint property - Genuineness of Will is required to be proved in probate case - Testatrix being a teacher has put her thumb impression on..........
Service -- Compassionate appointment - Courts below directed appellant to appoint respondent on basis of decision given by SC in Canara Bank vs. M Mahesh Kumar - However, Court below failed to consider criteria of stability while directing appointment of respondent - Decision of Courts below set aside, with direction to appellant to pay Rs. 2.5 lakhs to respondent. (Paras..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Impleadment of a legal representative - Death of defendant - Petitioner claims to be LR of deceased defendant, her right to participate in the suit is covered by O.22.R.3 CPC - She is not claiming independent right over property to file a separate suit - Petitioner being a LR is..........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Production of documents - Un-registered sale deed - When a document is inadmissible in evidence for want of registration, none of its terms can be admitted in evidence - Trial Court rightly refused to admit the document - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 15A -- Fixation of rent - Court is competent to fix a provisional rent after affording opportunity to both the parties - In order to fix such rent, Court considered the previous amount of rent for same schedule property, the area where it is situated and other relevant factors - Even if defendant pleads in written statement that no arrears..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Court may at any stage of proceedings allow amendment of pleadings...........
