Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Proceedings filed answering the claim of plaintiff is called written statement of defence, a term used in O.8.R.1 CPC...........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition - Liberty to file afresh petition - Technical defects - No factual averments made in support of fact that there are some technical defects in pleadings which cannot be cured by any other mends including amendment application - In the absence of the same, application of withdrawal of eviction..........
Civil Procedure Code, 1908, Order 23, Rule 1(3) -- Withdrawal of eviction petition with liberty to file a fresh one - Technical defects - No factual averments made in support of the fact that there are some factual defects in the pleadings - In the absence of any factual averments to that effect and merely at the asking of applicant, same cannot be accepted by Court as..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading of a party - Suit for partition and separate possession - Transferee pendente lite - Necessary party - Allowed to be impleaded as a party...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Transferee pendente lite - Impleading as a party - Application filed U.O.1.R.10 CPC - Held, O.22.R.10 CPC can be invoked if fact situation so demand...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Suit for cancellation of sale deed and permanent injunction - Suit filed after 24 years of execution of sale deed - Plaintiff came out with a very weak case that his father orally gifted the suit property to him that too three years after execution of sale deed in question - No prima facie case is..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment - Transferee pendente lite - Suit for specific performance - Transferee pendente lite is a necessary and proper party - Application rightly allowed...........
Civil Procedure Code, 1908, Order 3, Rule 1 -- Recognized agent - Includes a person who holds power of attorney...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Where pleadings revel that the direct interest of another person is involved in subject matter of litigation and it would affect the rights of person, who is behind the screen, he should be held to be necessary party to the suit and must be impleaded as such...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Test for Impleadment of party - Whose right would be affected highly if he is not allowed to participate in proceeding - This apart, duty of the Court is to minimize the litigation and not invite litigation...........
