Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary or proper party - Recovery of loan - Insurance Company impleaded as proforma defendant as factory was insured with it against loss of fire - Insurance claim in respect of it was repudiated by it - Said defendant is just proper party and not necessary party - Suit cannot be said to be bad for its misjoinder...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Proforma defendant - Can be transposed as plaintiff - Courts can always transpose a defendant as a plaintiff and can grant decree in its favour to avoid multiplicity of litigation and to do complete justice between the parties...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Deletion of name of proforma defendant - Held, plaintiff is the dominus litus of the suit and he can choose as to against which party he wants claim as relief - Plaintiff is well within his right to pray for deletion of name of one of the defendants...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Proforma defendant - When no relief against proforma defendant in the earlier suit is claimed then principle of res judicata does not apply. AIR 1956 P&H 129 distinguished...........
Evidence Act, 1872, Section 137 -- Proforma defendant - Cross examination - A proforma defendant has no right to examine either adversely or friendly plaintiff's witnesses - Nor he has any right to bring his own witnesses and cross examine adversely defendant's witnesses - Moreso when proforma defendant has not filed any written statement...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Proforma defendant - Transposing as plaintiff - Plaintiff and contesting defendant compromised - Suit already decided - Cannot be reopened by permitting the proforma defendant to be impleaded as the plaintiff in the suit - If the proforma defendant has any cause of action independently, it is always open to him to file suit..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Transposing of proforma defendant as plaintiff when plaintiff enters into compromise with contesting defendant - If proforma defendant has any cause of action independently then he can file suit against such defendant - But a suit, which has already been decided between the plaintiff and the defendant, cannot be reopened by..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Public Officer - A proforma defendant only and no relief claimed against him - Still notice u/s 80 CPC is necessary - Want of notice u/s 80 CPC is a technical defect - When notice not served, permission to withdraw suit with liberty to file a fresh suit on the same cause of action can be granted...........
Civil Procedure Code, 1908, Order 41, Rule 4 -- Suit against three defendants for possession of land - Decreed regarding part of land against two defendants - Suit dismissed against third defendant - Appeal filed by two defendants against whom suit decreed - Only plaintiff impleaded as respondent - Third defendant not shown in array of parties as a respondent - Appeal not..........
Civil Procedure Code, 1908, Order 22, Rule 4 -- The defendant against whom the relief was claimed died and L.R's not impleaded - Proforma defendant on record-suit abates as a whole...........
