Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction filed by maternal uncle of petitioner against his mother, brothers and sisters including maternal grandmother and mother of petitioner - Petitioner failed to establish her rights in the property registered in the name of her maternal grand mother -..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Court has discretionary power U.O.1.R.10 CPC to add parties - However, such power cannot be invoked to cure a fundamental defect arising from failure to implead necessary parties when relevant information was available on record and could have been discovered with due diligence...........
Protection of Women From Domestic Violence Act, 2005, Section 23 -- Interim relief - If Magistrate has jurisdiction under provisions of the Act to pass an injunction order, Magistrate also has power to vacate or modify the same if it causes prejudice to another - Therefore, it is duty of very same Court to redress said grievance instead of directing aggrieved party to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - Impleadment of a party - There is no specific provision in Cr.P.C. enabling impleadment of a party in the manner contemplated U.O.1.R.10 CPC...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 144 -- Maintenance to minor child - Liability of father to maintain his minor child is a legal and moral obligation - Father cannot seek to avoid or postpone such liability by insisting that mother must first be impleaded as party to proceedings...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Defendant has failed to produce any evidence to rebut presumption of proper service - He failed to discharge initial burden - There was thus, no obligation on plaintiffs to produce process server as a witness - Suit remained pending from 2008 till 2022, when ex-parte decree was passed -..........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - When plaintiffs themselves asserted title on basis of long and continuous possession through their predecessors, subsequent attempt to introduce General Land Register (GLR) in the form of additional evidence at appellate stage assumes little legal significance - Once the trial had..........
Revenue entries -- Mere recording of land in suit as private land in General Land Register (GLR) does not in any manner benefit the party's claim of ownership...........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Review - Non-party to proceedings if he perceives to be in position of a person aggrieved and satisfies Court as such, can seek review of an order passed therein...........
Civil Procedure Code, 1908, Order 11, Rule 21 -- Provision of O.11.R.21 CPC confines its applicability within the four corners i.e., failure of a party to comply with any order to : (i) answer interrogatories; (ii) make discovery of documents; and (iii) permit inspection of documents - Only in such eventualities question of striking out defence in case of defendants or..........
