Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - O.1.R.10(2) CPC, gives wide discretion to Court to meet every case of defect of parties and is not affected by inaction of plaintiff to bring necessary parties on record...........
Punjab Agricultural Produce Markets Act, 1961, Section 33(4)(1), Punjab Agriculture Produce Markets (General) Rules, 1963, Rule 6, 8 -- Promotion - Suspension of resolution - Petitioner was promoted to post of Clerk vide Market Committee Resolution and on such date, petitioner neither possessed experience nor had qualified type test - Petitioner pleaded that he had..........
Civil Procedure Code, 1908, Order 21, Rule 17 -- Execution - On receipt of application for execution of decree, executing Court is required to ascertain whether requirements of O.21.Rr.11 to 14 CPC, has been complied with or not and in event of no, compliance, duty is cast upon Court to allow said defect to be remedied...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Suit can be withdrawn with liberty to file fresh suit on same cause of action not only on ground of formal defect which has crept in suit, but also if Court is satisfied that there are sufficient reasons for allowing plaintiff to file fresh suit for the subject matter...........
Limitation Act, 1963, Section 14 -- Exclusion of time - Pre-requisites of S.14 of the Act are : (i) due diligence; (ii) good faith coupled with defect of jurisdiction with respect to same subject matter in issue...........
Limitation Act, 1963, Section 14 -- Exclusion of time - Expression "prosecuting with due diligence and in good faith" - Not confined only to time in which execution proceedings was initiated or time in which execution petition was filed/Civil proceedings were initiated - In order to get benefit of S.14 of the Act, party who claims benefit should show and satisfy that he..........
Civil Proceedings -- Practice and procedure - Defective presentation of vakalath - Where registry refused to register or number a case because of defect in case presentation, that refusal can be challenged by party alone - However, if defect concerns any shortcoming on counsel`s part, he can maintain an independent cause...........
Civil Procedure Code, 1908, Order 22, Rule 3, 4 -- Non substitution of L.R's within statutory period - Appeal abates - Decree passed thereafter - Decree passed by Court for or against a dead person is a "nullity" as defect of this nature affects the very authority of Court in passing such decree and goes to the root of the case...........
Agreement to sell -- Specific performance - Defect in title of property - It was for the plaintiffs to ascertain whether defendants were owner or not before entering into agreement - Stand of plaintiffs that only reason for not purchasing the property that defendants failed to show their title of property, is unsound and unworthy of credence, as they had tried to take..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit with liberty to file fresh suit - Can be granted, if Court is satisfied that suit will fail on account of some formal defect or that there are sufficient grounds for allowing plaintiff to institute a fresh suit...........
