Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Person having semblance of interest can be allowed to intervene in the matter and Courts allow such application - But, power under provision of O.1.R.10 CPC is a discretionary power and discretion is to be exercised judicially and completely and effectively to adjudicate the dispute between parties...........
Civil Procedure Code, 1908, Order 39, Rule 7 -- Appointment of commissioner - It is discretionary power of Court and a party cannot claim appointment as a matter of right - If Court is of opinion that report of Commissioner can help it in arriving at a proper and just decision, it can issue commission - But such exercise of discretion cannot be normally interfered with by..........
Criminal Procedure Code, 1973, Section 319 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.358) - Summoning of additional accused - Mere statement of complainant which is not substantiated by any credible material cannot be ground to invoke discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by trial..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of prosecutrix or complainant, which is not substantiated by any credible material, cannot be a ground to invoke discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
Civil Procedure Code, 1908, Order 18, Rule 17 -- Recall of a witness - Trial Court while allowing application had permitted plaintiff to file an affidavit strictly only in terms of contents of counter claim and same was made subject to payment of cost of Rs.1000 - Power exercised U.O.18.R.17 CPC is a discretionary power given to trial Court and same has been exercised by..........
Specific Relief Act, 1963, Section 28 -- Decree for specific performance - Decree for specific performance has been described as a preliminary decree - Power u/s 28 of the Act is discretionary and Court cannot ordinarily annul decree once passed by it - Although power to annul decree exists yet S.28 of the Act provides for complete relief to both parties in terms of decree..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power conferred u/s 205 Cr.P.C. is a discretionary power whereunder trial Court can exempt personal appearance of accused persons - However, such discretion can only be exercised in a judicious manner and without any discrimination...........
Specific Relief Act, 1963, Section 12(3) -- Part performance - Power to grant partial relief is discretionary with the Court to be exercised keeping in view the facts and circumstances of each case and the rights and interests of parties involve...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Mere statement of complainant reiterating the contents of FIR/complaint not substantiated by any credible material cannot be a ground to invoke the discretionary and extraordinary power of Court to summon an additional accused u/s 319 Cr.P.C...........
