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 1, Rule 10 -- Impleadment of a party - O.1.R.10 CPC is applicable to proceedings under Indian Trust Act...........
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...........
Civil Procedure Code, 1908, Order 33, Rule 15, 15A -- Permission to sue as indigent person - Application rejected - Court may grant time to pay requisite Court fee, within such time or extended time, as is fixed by Court - On payment of Court fee suit shall be deemed to have been instituted on the date on which application for permission to sue as an indigent person was..........
Civil Procedure Code, 1908, Order 33, Rule 1, 5, Civil Procedure Code, 1908, Order 7, Rule 11 -- Application for permission to sue as an indigent person rejected by holding that plaint does not disclose any cause of action and suit is barred by res judicata - On payment of Court fee, suit shall be deemed to be filed on the date on which application seeking permission to..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Suit for permanent injunction - Agricultural land - A recorded tenure holder having prima facie title in his favour cannot be directed to approach Revenue Court for seeking relief of injunction - Suit for injunction is thus, maintainable before a Civil Court...........
