Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Object underlying S.10 CPC is to prevent Courts of concurrent jurisdiction for simultaneously trying two parallel suits in respect of same matter in issue...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - S.10 CPC deals with two identical suits - Though appeal is a continuation of suit, however, S.10 CPC cannot stretch to mean that even if an appeal is pending, a subsequent suit cannot be filed...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit filed by plaintiff is for declaration and permanent injunction and subsequent suit filed by defendant is for possession - Relief sought in both the suits is different, thus, it would not operate as res judicata - Application rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - Averments made in plaint is no proof...........
Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit with liberty to file fresh suit - Formal defect - Application U.O.23.R.3 CPC is totally bereft of any details as to formal defect - It also does not enlist any sufficient ground for allowing plaintiff to institute a fresh suit - Order allowing application set aside - Suit restored...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review - Law as to: (i) A judgment is open to review inter alia if there is a mistake or an error apparent on face of record; (ii) A judgment pronounced by Court is final, and departure from that principle is justified only when circumstances of a substantial and compelling character make it necessary to do so; (iii) An error..........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - Merely because Court had posed uncomfortable questions to counsel for plaintiff and was insisting to proceed with arguments, per se cannot be a ground to transfer suit...........
Civil Procedure Code, 1908, Section 24 -- Transfer of a case - An order of transfer should not be routinely passed just because an interested party had expressed apprehension about manner of hearing - Only in exceptional circumstances and only to provide credibility to judgment, power of transfer can be exercised...........
Civil Procedure Code, 1908, Order 14, Rule 5 -- Second application for framing of an issue - Maintainability - Application having been filed once and not pressed, cannot bar a party from moving the same application subsequently as earlier application was not decided on merit...........
Civil Procedure Code, 1908, Order 22, Rule 4 -- Substitution of applicant in place of defendant No.1 - Claim of applicant is based on Will - Mere substitution cannot be termed to be a proof of applicant being entitled to property in question by virtue of alleged Will in question - Applicant would definitely be under an obligation to prove alleged Will in terms of law and..........
