Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Non-impleadment of a purchaser of one item of suit property would be fatal to suit in respect of said property, as he is necessary party to suit...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Maintainability - There is no written contract between parties on record which is pre-requisite to maintain a summary suit U.O.37 CPC - Summary suit is not maintainable...........
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5 -- Ex parte decree - Setting aside - Condonation of delay - Delay of 401 days - Defendant was aged about 73 years and suffered from jaundice - Reasoning put forth by defendant is within contour of definition "sufficient cause" - However, due to delay, plaintiffs would have definitely suffered..........
Civil Procedure Code, 1908, Section 151 -- Giving up witness after tendering his affidavit of examination-in-chief - Merely because affidavit is tendered in evidence does not mean that witness has to be cross examined - Plaintiff is dominus litis - Defendant cannot insist that plaintiff should examine such a witness - Order allowing giving up witness, upheld...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of replication - Evidence yet to start - No mala fide in seeking amendment and same not inconsistent with the case set up - Order allowing amendment upheld - Defendant may file rejoinder to the replication, if he so desires...........
Civil Procedure Code, 1908, Section 25 -- Transfer of claim petition filed under Motor Vehicles Act - Not mandatory to file claim petition at a place where accident occurred - Claimants can file claim petition at the place where they reside or carry on business or defendant resides - Claimants having chosen the option, no grievance can be raised by petitioner - Transfer..........
Civil Procedure Code, 1908, Section 25 -- Transfer of claim petition filed under Motor Vehicles Act - Language barrier for the witnesses to depose - No case set up for transfer - Transfer petition dismissed...........
Consumer Protection Act, 1986, Section 23, Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Second consumer complaint - Withdrawal of earlier complaint by Advocate of complainant on the pretext of the case being prolonged by Advocate of the Insurance Company, without having express instructions for withdrawal of complaint - However, for the fault of Advocate, complainant..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Plaintiff filed the suit only in respect of share due to his mother - Applicants already got their share in respect of suit properties - By impleading proposed parties, scope of suit cannot be expected beyond the purpose for which suit has been filed - Applicants are not necessary..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - In an application U.O.7.R.11 CPC plaintiff was granted time to make payment of deficient Court fee - Plaintiff sought amendment of plaint qua Court fees and jurisdiction of Court - Trial Court held that case of plaintiff did not fall in any of carved out exceptions in S.7 of Court Fees Act and rejected..........
