Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22 -- Impleadment of a party - Suit for specific performance of contract - A person suing for specific performance of contract can ask for partition and separate possession of property - But, it would not enable a third party who is also..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 22, Rule 10, Specific Relief Act, 1963, Section 19, 22 -- Impleadment of a party - Specific performance - Transferee pendente lite - Transferee pendente lite would be in a similar position as a heir or legatee of a party who dies during pendency of suit or proceeding and therefore could seek..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Can be allowed to be filed beyond thirty days if defendant moves an application satisfying Court reason why written statement could not be filed within thirty days...........
Civil Procedure Code, 1908, Section 80(2), Order 39, Rule 1, 2, 3, Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Ex-parte interim order passed against Government, who is not party to suit - Without recording reasons and without issuing show-cause notice - Order passed is vitiated by illegalities and is hereby set aside - Petition allowed...........
Civil Procedure Code, 1908, Order 3, Rule 1, 2 -- Recognized agent - Testimony of attorney - An attorney who has personal knowledge of facts of any particular aspect in respect of which he is testifying, can testify in the shoes of his principal...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Suit can be withdrawn with liberty to file fresh suit on same cause of action not only on ground of formal defect which has crept in suit, but also if Court is satisfied that there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...........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - A person who takes steps in a suit on behalf of a minor, automatically constitutes himself the next friend of minor - An order of Court, as in the case of a guardian ad litem for a minor defendant, is not necessary for that purpose - To be more precisely, a person filing suit as next friend of minor takes up..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Minor - Next friend or guardian ad litem - Appointment by Court is limited to that legal proceedings and beyond - The mandates in the personal law regarding competency of a natural guardian or a legal guardian or a defacto guardian are in the realm of private dealings in respect of minor's property - Personal law principles..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleadment of a party - Suit contains two prayers, one relating to determination of title and ownership and another for setting aside Board proceedings - Held, as Extra Assistant Commissioner is necessary party for setting aside and quashing Board proceedings thus, for an effective and complete adjudication of title suit,..........
Civil Procedure Code, 1908, Order 17, Rule 1 -- Adjournment - Sought on ground of illness - Grant of adjournment without proof of illness - Order granting adjournment, set aside...........
