Civil Procedure Code, 1908, Order 22, Rule 4 -- Abatement of suit - Death of one `N' during pendency of suit - During pending of application for substitution `I' one of the L.R's of `N' died - Limitation to file application for substitution of L.R's of `I' will start to run from the day when application for substitution of L.R's of `N' was allowed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of stranger/third party - Stranger cannot be impleaded in the suit in order to support contesting defendant...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of third party - Petitioners wanted to claim their rights against co-defendant/State, which was not permissible - They failed to point out as to how their presence is necessary for complete and final decision on the question involved in the proceedings - Even, petitioner could not point any legal injury which he..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Necessary parties - Question that a person is a necessary party is a question of fact depending upon the relief claimed in the suit - However, once it is established that said person is necessary party to the suit, it becomes a question of law and it can be raised for the first time in appeal...........
Civil Procedure Code, 1908, Section 99 -- Appeal - Non-joinder of necessary party by itself is a ground to reverse or substantially vary a decree in appeal or remand a suit after setting aside decree in an appropriate case...........
Civil Procedure Code, 1908, Order 41, Rule 23 -- Remand - Non-framing of an issue - Suit dismissed without framing an issue that suit is bad for non-joinder of necessary party - Framing of issues is an important stage at which scope of trial is determined - Since no issue is framed, it is thus, proper to give an opportunity to plaintiff to implead said necessary party -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Plaintiff entered into Terms of Settlement with defendant no.1 wherein defendant admitted that lease of suit property has expired by efflux of time and plaintiff as rightful lessee of premises - However, sub-lessee have raised tribal issue with regard to sub-lease and specifically pleaded that..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - No dispute regarding identity or location of suit property and property belonging to defendant - Even, there is no dispute regarding measurement of property - In absence of any dispute regarding encroachment or overlapping of property, relief sought for by plaintiff to note down physical..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Original suit filed by defendant for permanent injunction whereas plaintiff filed SCC suit - Jurisdiction of both the suits are quite different - No evidence to establish that Court in which original suit is pending is also competent to try SSC suit - Proceeding of Small Cause Courts is summary in nature -..........
Civil Procedure Code, 1908, Order 33, Rule 5 -- Permission to sue as indigent person - Plaint not disclosing any cause of action and suit barred by res judicata - Trial Court rightly rejected application...........
