Civil Procedure Code, 1908, Order 11, Rule 15 -- Inspection of documents - Power U.O.11.R.15 CPC cannot be exercised at the stage of appeal after contesting the suit on merits and passing of decree against petitioner...........
Civil Procedure Code, 1908, Order 11, Rule 15 -- Inspection of documents - O.11.R.15 CPC prescribes a time limit for the purpose to inspect the document referred in the pleadings or affidavits and i.e at or before the settlement of issues - Inspection of documents thus, has to be completed by the time issues are settled and not later than that...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - When the same issue is put in issue in a later suit based on title between the same parties or their privies in a subsequent suit, decree in injunction suit equally operates as res judicata...........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Earlier simple suit for injunction was filed and subsequent suit is for declaration - Issue regarding ownership and possession decided against one `S' in earlier suit - Plaintiff in subsequent suit being purchaser of said property from said `S' would definitely be bound by the same - He cannot be permitted to set up..........
Civil Procedure Code, 1908, Order 21, Rule 32, Civil Procedure Code, 1908, Order 39, Rule 2A -- Police protection - Violation of order of temporary injunction or decree of permanent injunction - A party may file an application U.O.39.R.2-A CPC or file an execution petition U.O.21.R.32 CPC and can also file an application seeking police protection - Any person claiming..........
Civil Procedure Code, 1908, Order 7, Rule 3 -- Description of property - Suit for possession has to describe the property in question with accuracy and all details of measurement and boundaries - In the absence of the same, suit would be liable to be dismissed on the ground of its identifiability...........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2 -- Anti suit injunction - Restraining wife from proceeding with divorce petition filed by her in USA - Both the parties are presently residing in USA - Rights and liabilities of parties including custody of minor child can be effectively also determined in proceedings initiated by wife in USA - Proceeding..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for declaration that sale deed is null and void and for injunction - Will basis of claim of plaintiff not proved to be in accordance with law - Whether any partition with respect to survey number in question had taken place or not is not borne out from record - Suit property was never recorded in the name of..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of third party - Partition suit - A party on the basis of agreement to sell in his favour cannot seek his impleadment as a party in a suit for partition as he is neither a necessary party nor proper party to be impleaded - No right is created under agreement for sale except right to seek specific..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of pleadings - Application U.O.6.R.17 CPC can be filed even at the appellate stage...........
