Civil Procedure Code, 1908, Section 47 -- Execution - Objections - All questions arising between parties to suit in which decree was passed or their representatives relating to execution discharge or satisfaction of decree must be determined by Court executing the decree and not by a separate suit - Said questions must be determined during process of execution of decree,..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Dominus litis primarily operates as a shield against forced joinder, rather than a sword to guarantee that every impleadment application by plaintiff must be allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a stranger - Suit for specific performance - Suit filed by plaintiff and issues arising therefrom can very well be adjudicated inter se between existing parties without impleading proposed party as defendant - Merely because proposed party has filed other suit with regard to same subject matter does not ipso..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Petitioners wish to introduce pleadings that would change nature of claim - Petitioners are bringing absolutely inconsistent case contrary to case pleaded in original plaint - In absence of explanation as mandated U.O.6.R.17 Proviso CPC amendment cannot be permitted at belated stage - Application rightly..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought after recording of evidence of two witnesses i.e. after commencement of trial - No explanation as to why such amendment was not sought at initial stage or atleast before commencement of trial - Mere explanation given that Advocate before Trial Court took wrong plea, such contention..........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13 -- Ex parte divorce decree against wife - Setting aside - Court never fixed case for filing written statement and no opportunity was granted to defendant to file written statement nor right to file written statement was closed by Court prior to case proceeded ex parte - Even if defendant or..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 22, Rule 9, 3 -- Condonation of delay - Abatement of suit - Partition suit - Delay was occasioned due to petitioners being unaware of pendency of suit - Explanation offered by petitioners is plausible and ought to have been accepted by trial Court - In a suit for partition, it is in the interest of all..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Suit filed against dead person - Order allowing substitution of LRs of deceased defendant set aside...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of suit - Particulars in a suit as are required to be pleaded in terms of O.7.R.1 CPC, if are not correctly pleaded and for formal defect a suit may fail, then power is vested with Court to permit plaintiff to withdraw the suit...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Proposed amendment only seek to elaborate pleadings and it neither enlarges scope of suit nor takes respondent by surprise - Amendments are explanatory and clarificatory in nature and merely supply material particulars which were otherwise implicit in original pleadings - Proposed amendment neither..........
