Civil Procedure Code, 1908, Order 39, Rule 1, 2 -..........
Civil Procedure Code, 1908, Order 1, Rule 10(2), Transfer of Property Act, 1882, Section 52 -- Impleading of a party - Transferee pendente lite - A pendente lite purchaser's application for impleadment should normally be allowed or considered liberally...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Impleading of a party - Avoidance of multiplicity of proceedings is also one of the object of the provision...........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of party - Pendente lite purchaser - Held, intervener petitioner being a pendente lite purchaser is entitled to be heard in the matter on the merits of the case and is entitled to be impleaded in the suit or other proceedings where his predecessor in interest is made a party to the litigation - O.1.R.10 CPC..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Four defendant - Two served with notice - Injunction application not to be decided finally before service of notice to the remaining defendants - Courts below committed a patent error in passing the impugned order as against the defendants not served with notice for injunction - Liberty given to..........
Civil Procedure Code, 1908, Order 23, Rule 1, Hindu Marriage Act, 1955, Section 13 -- Divorce petition - Permission to withdraw with liberty to file fresh petition - Validity - No reasons are recorded by Family Court for permitting Respondent/husband to withdraw petition with liberty to file a fresh petition - Serious allegations are leveled against appellant/wife - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit at appellate stage - Dismissal of suit on merits as well non signing of plaint and vakalatnama by plaintiff Nos.3 & 4 - Defect of not signing plaint could be cured in accordance with law - Since the suit was decided on merits as such appellate court gravely erred in permitting plaintiff to withdraw suit..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Delay in filing written statement - Permission to file - Provision though couched in mandatory form but is directory in nature - Court in exceptional situation, can permit filing of written statement beyond the period of 90 days...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 41, Rule 20 -- Regular Second Appeal - Impleading of a party - Third parties can be impleaded as proper parties to a R.S.A. even when they were not parties to the suit or to the appeal therefrom - O.1.R.10(2) CPC enables Court to implead necessary and proper parties at any stage of the suit in..........
Civil Procedure Code, 1908, Order 37, Rule 1, Limitation Act, 1963, Article 113 -- Suit based upon bill of exchange payable by installments - Right to sue/cause of action would accrue/arise on each default by the payee of the bill of exchange and a fresh cause of action would accrue on each default unless the agreement of the parties pertaining to the bill of exchange..........
