Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for declaration and permanent injunction - Petitioners sought their impleadment in suit as plaintiffs at the fag end of trial - They may have an independent right of being occupants or tenants but they have to plead and lead cogent evidence to prove the same - Petitioners cannot derive any..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Injunction suit - Dispute between parties in respect of public rasta over which plaintiffs allegedly acquired a right of prescription - However, concurrent findings of fact recorded by two Courts where plaintiffs could not establish his own case - There is no perversity in said findings recorded by two Courts -..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - To decide application filed U.O.7.R.11 CPC, Court had to look into averments of plaint and not written statement - Averments of plaint to be read as a whole to find out whether averments disclose a cause of action or whether suit is barred by any law...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Power of attorney holder - Suit for fixation of rent - Tenant sought permission of Court to appoint his brother as special power agent by assigning all power pertaining to suit including to give evidence - Both power agent and tenant are doing business together as partners in premises - Power agent can appear before Court..........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Death of sole plaintiff - Impleadment of L.R's - Suit itself stood abated by operation of law - LR's sought impleadment in appeal filed against dismissal of temporary injunction application in said suit - When main suit itself is no longer survived owing to operation of law, an interlocutory order passed therein automatically..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Deficient Court fee - Suit for declaration and permanent injunction - Plaintiff sought declaration in respect of Will allegedly executed by her late father and consequential relief of permanent injunction restraining defendants from mutating land on basis of alleged Will - Alternative relief also sought..........
Civil Procedure Code, 1908, Section 47 -- Execution - Partition suit - Compromise decree - Objection as to inexecutability of decree - Compromise decree cannot be said to be inexecutable merely because property which came to defendant's share is possessed by some persons, who were not party to suit - Objection raised by defendant regarding executability of decree is..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 9, Rule 4 -- Condonation of delay - Delay of more than 9 years in filing application for restoration of suit dismissed U.O.9.R.3 CPC - Plea of immobility of predecessor-in-interest due to paralytic attack - However, they were regularly visiting Courts upto 1999 - Medical certificates produced by petitioners..........
Civil Procedure Code, 1908, Section 151, Order 9, Rule 4 -- Restoration of suit dismissed in default - Mere fact that suit was restored earlier on couple of occasions and suit remained pending for last 28 years, itself is no ground to reject restoration application, as application cannot be dismissed on past conduct of applicant - Application ought to have been exclusively..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Restraining further construction and not to create third party right - Suit for possession on basis of title - Construction was already been made on suit property - Suit is still pending and it is yet to be decided as to whether plaintiffs are entitled to possession of land in question based upon..........
