Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Plaintiff while filing suit against minors is required to file list of relatives of minors and other persons with their addresses, who prima facie may be capable of acting as guardian for the suit for a minor defendant...........
Civil Procedure Code, 1908, Order 32, Rule 3 -- Suit against minors - Suit for possession by way of pre-emption - Minors were impleaded through their real brother/defendant No.1, who was major at the time of filing of suit - Defendant No.1 was the most natural choice to be guardian of minors, being in blood relation, his interest was also similar to that of other..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - When all the issues framed by trial Court are pertaining to question of fact, as such there was no necessity for trial Court to answer the issues related to question of law first and then try the suit...........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - When all the issues framed by trial Court are pertaining to one cause of action, trial Court answered all the issues, which are interconnected with each other jointly to avoid repetition of facts and avoid unnecessary confusion...........
Civil Procedure Code, 1908, Section 152 -- Correction/amendment of decree - Court before exercising inherent power u/s 152 CPC, should issue notice to parties so that they will get an opportunity to have their say in the matter - In that process, ultimate order to be passed in exercise of power u/s 152 CPC will also be known to parties to which they are entitled to...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - In the execution of a decree for injunction, even restoration of possession can be ordered by Executing Court...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Limitation - There is no limitation for filing application for execution of decree of permanent injunction and application U.O.21.R.32 CPC can be filed many times...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for permanent injunction - Non-compliance of decree of permanent injunction is a continuing disobedience entailing penal consequences - DH can file execution applications as long as there is a continuing violation or disobedience of decree...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Evidence cannot be normally shutout, though it must be ensured that it does not cause prejudice to other side...........
Civil Procedure Code, 1908, Order 8, Rule 1A(3) -- Late production of documents - Refusing to permit production of additional evidence even if there is some delay would amount to denial of justice...........
