Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - Condonation of delay of 3330 days - Party should not suffer due to inaction on the part of advocate and that matter should be decided on merits rather than on technical ground, particularly when, despite service plaintiffs have chosen not to appear before High Court to controvert the..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - Prima facie case, balance of convenience and irreparable loss exists in favour of plaintiffs as regarding interim relief sought with regard to creation of third party interest - So far as interim relief with regard to raising of construction over suit property, since balance of convenience does not lie..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Parties having any right, title or interest in disputed property are necessary parties even for purpose of granting/refusing relief of injunction in a suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for permanent injunction - Applicant claims his possession over property as its owner on basis of sale deed executed in his favour by defendant no.1 - Adjudication of dispute/controversy between plaintiffs and defendants qua right, title or interest in this property would directly affect rights..........
Civil Procedure Code, 1908, Order 6, Rule 1, 2 -- Pleadings - If a plea is not specifically made and yet it is covered by an issue by implication and parties knew that said plea was involved in the trial, then mere fact that plea was not expressly taken in the pleadings would not necessary disentitle a party from relying upon it if it is satisfactorily proved by evidence...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Impleadment of subsequent agreement holder - Plaintiff opposed to such application - Plaintiff who is dominus litis, cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of rule of law - Application rightly dismissed...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Interim injunction - To grant or not to grant - It is discretionary power of Court - There is no right that inheres, in any party, to interim injunction - Superior Court may interfere, if Court acts arbitrarily or illegally or irregularly exercise its jurisdiction...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Recovery suit - Proposed defendant was not a party to transaction in question between plaintiff and defendant - No privity of contract between plaintiff and proposed defendant - Proposed defendant cannot be construed to be a necessary party...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a necessary and proper party - Petition can be filed at any stage of proceedings and an opportunity is to be given to them, if they are directly affected by the result of suit...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Where plot owners welfare organization is representing on behalf of plot owners effectively, each individual plot owner need not come on record by way of filing impleadment applications, as they need not contest the matter independently - Order allowing impleadment application set aside...........
