Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Suit filed against dead person - Impleadment of LRs of deceased defendant - Order allowing impleadment, upheld...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Extended from time to time - Revisional Court stayed all further proceedings of the suit till disposal of revisional application - Stay order cannot be construed to debar trial Court from taking up interlocutory applications as well - Trial Court directed to dispose of injunction application as..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - If a party is found to be either a necessary or proper party, Court would have jurisdiction to implead him, even against the wishes of plaintiff concerned...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Suit for specific performance - Court may exercise discretion in impleading a person who is a proper party upon an application by a non-party to suit for specific performance...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Necessary and proper party - A necessary party is a person in whose absence no effective decree could be passed at all by Court - Whereas a proper party is one who though not a necessary party is a person whose presence would enable Court to effectively and adequately adjudicate upon all matters in..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Only material facts on which party pleading relies for his claim or defence to succeed, have to be stated without evidence by which pleading is to be proved...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings are not proof...........
Civil Procedure Code, 1908, Order 20, Rule 1 -- Judgment - Pronouncement - Commercial dispute - Merely because O.20.R.1 CPC enjoins a duty upon commercial Courts to provide copies of judgment that does not mean that parties can shirk away all responsibility of endeavoring to procure certified copies thereof in their own capacity...........
Civil Procedure Code, 1908, Order 7, Rule 11, Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Copyright infringement - Rejection of the Suit - Whether the High Court erred in setting aside the order of the Commercial Court and thus rejecting the application under O.7.R.11 CPC? - The question pertaining to ascertaining the true nature of the `Proprietary Engineering..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Object of framing an issue is to determine material point of disputes between parties for the purpose of adjudication - Issues can be framed on a question of law or fact or a mixed question of law and fact - Distinct issue is to be formed when a material proposition of law or fact is affirmed by one party and denied..........
