Civil Procedure Code, 1908, Order 23, Rule 3 -- Withdrawal of suit - At appellate stage - Suit dismissed by holding that mere suit for injunction is not maintainable as the plaintiff was also required to seek declaration as well - Held, dismissal of suit by holding the suit is not maintainable for want of seeking another prayer is a formal defect which can be allowed to be..........
Civil Procedure Code, 1908, Section 9 -- Service - Dismissal from service in absence of departmental enquiry as contemplated in Standing orders - Civil suit - Jurisdiction - If the infringement of Standing Orders is alleged, civil Court's jurisdiction is barred but if suit is based on violation of principles of common law or constitutional provisions or on other grounds,..........
Redemption of Mortgages (Punjab) Act, 1913, Section 4, 6, 12, Civil Procedure Code, 1908, Order 34, Rule 7 -- Application for redemption filed before Collector - Dismissed in default - Application for restoration also dismissed - Civil suit for redemption filed after one year of the date of order of Collector - Held, application for redemption was dismissed by Collector in..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Previous suit for permanent injunction and subsequent suit for possession - If during pendency of earlier suit or after dismissal thereof, defendant has taken possession then suit for possession is not barred by resjudicata - Earlier suit dismissed U.O.17.R.3 CPC - Suit for possession is not barred by resjudicata as..........
Limitation Act, 1963, Section 5, Civil Procedure Code, 1908, Order 17, Rule 3 -- Condonation of delay - Suit of the plaintiff dismissed U.O.17.R.3 CPC in presence of attorney of plaintiff - Appeal against dismissal filed with delay of 16 months - Plaintiff pleaded ignorance of knowledge about dismissal - Held, when the authorized person had appeared on behalf of plaintiff..........
Civil Procedure Code, 1908, Order 9, Rule 9 -- Dismissal in default of earlier suit - Bar of fresh suit - Plea not raised in trial Court, first appellate court or in second appeal in the High Court - Cannot be permitted to be raised for the first time in Supreme Court...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Dismissal of suit as withdrawn - Notice to parties before dismissal of the suit was necessary...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Written statement - Amendment - Amendment sought not necessary to decide the controversy in the suit - Unless it is established that defendant was diligent and he could not plead all those proposed amendments at the appropriate point of time, defendant is not entitled to seek amendment of written statement - Dismissal of..........
Civil Procedure Code, 1908, Order 39, Rule 2-A -- Application U.O.39.R.2-A CPC is not maintainable after dismissal of suit - However, in appropriate cases, the jurisdiction of High Court under the Contempt of Courts Act, 1971 could be invoked...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Non appearance despite receipt of notice for the reason that it was in Hindi which language they do not know - Summons however was issued both in Hindi as well as in English - Exparte decree can be set aside only on being satisfied that summons were not duly served or the person was prevented..........
