Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Neither any representation U.O.15.R.5(2) CPC was filed within stipulated time nor any material placed on record by defendants to make out a case for not striking off defence - No material on record that rent amount was paid to plaintiffs by defendants - There is only oral averment..........
Civil Procedure Code, 1908, Section 60(1)Proviso(g) -- Exemption from attachment - Amount of service benefits is not liable for attachment in view of S.60(1) Proviso (g) CPC...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal Representatives - Enquiry U.O.22.R.5 CPC - Decision U.O.22.R.5 CPC is of summary in nature and findings therein cannot amount to res judicata between same parties and same is only directed to answer an orderly conduct of proceedings with a view to avoid delay in final decision of suit...........
Civil Procedure Code, 1908, Order 22, Rule 5 -- Legal Representatives - Enquiry U.O.22.R.5 CPC - Determination as to who is LR U.O.22.R.5 CPC Will be for limited purpose of representation of estate of deceased for adjudication of that case and will not confer any right to property on such person which is subject matter of suit vis-a-vis other rival claimants to estate of..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Restoration of writ petition dismissed in default - Application for restoration was filed within a period of one month which fact has been admitted by State - Said application was never considered on merits - Appellant still claims to be in possession of land under acquisition, writ petition preferred by appellant should have..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Lack of jurisdiction - Issue regarding jurisdiction has already been framed in pending suit and same is at the evidence stage - Court to decide the same along with other issues after conclusion of evidence by parties - Application U.O.7.R.11 CPC rightly dismissed...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of Transferee pendente lite - Suit property which is subject matter of suit has been gifted in favour of petitioner by means of registered sale deed - Transfer pendente lite neither illegal nor void ab initio but remains subservient to rights eventually determined by Court in pending litigation - Any judgment in..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Suit was filed in the year 1992 and written statement was filed in 2017 along with counter claim due to which proceedings of suit has been delayed - Though the act of defendants is not appreciable, but since written statement has already been taken on record and suit has proceeded, Court below should have..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Mere filing of amendment petition after commencement of trial is not a ground for rejecting amendment petition...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to declare the documents executed during pendency of suit by defendant as null and void - Proposed amendment would not constitutionally or fundamentally change the nature and character of suit - Defendant executed document in spite of interim injunction passed by Court below, which shows..........
