Civil Procedure Code, 1908, Order 21, Rule 10, 11, Civil Procedure Code, 1908, Order 22, Rule 12, Civil Procedure Code, 1908, Section 47 -- Death of D.H. - His LR's have to obtain succession certificate for continuation/initiation of execution proceedings...........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - In earlier suit, wife seeking custody of son - In subsequent suit, husband seeking his appointment as guardian of son and applying for direction that he be given interim custody of son - Subsequent suit involves substantially same questions of fact with respect to custody of child which have to be decided..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Land acquisition - Provisions of O.1.R.10 (2) CPC are applicable to proceeding before reference Court - Reference Court can add a person as party to reference, who has not asked for reference, is established that he is entitled to apportionment of compensation...........
Civil Procedure Code, 1908, Order I, Rule 10 -- Impleading of a party -It is not necessary that an application should be moved by the parties -Court can suomotu implead a party...........
Civil Procedure Code, 1908, Order I, Rule 10(2) -- A party can be impleaded at the appellate stage - Principles embodied in O.I.R.10(2) CPC apply to appeals...........
Civil Procedure Code, 1908, Order 22, Rule 4, Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleading of legal heirs - Party died before institution of writ petition - Name of deceased finding place in array of parties in order under challenge - Mistake about parties was bona fide - Proviso to S.21 (2) of Limitation Act attracted - Application for impleading legal..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint to add certain persons as proforma defendants - Petitioners failing to prove the satisfaction of trial Court as to how such persons proposed to be brought on record as defendants are necessary for decision of suit - Not stated as to how they would be..........
Civil Procedure Code, 1908, Order 8, Rule 10, Civil Procedure Code, 1908, Order 17, Rule 3 -- Written statement not filed inspite of several adjournments - Courts proceeded to deal with suit without written statement - It is O.8.R.10 which applies and not O.17.R.3 CPC...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Written statement not filed inspite of several adjournments - Does not amount to admission of plaintiff's case and does not ipso facto entitle plaintiff to get a decree without proof of his case...........
Civil Procedure Code, 1908, Order 8, Rule 10 -- Defendant served but not filing written statement-decree passed under order 8 rule 10 - Applica-tion under Order 9 Rule 13 fore setting aside such decree is not main-tainable...........
