Civil Procedure Code, 1908, Order 21, Rule 15 -- Execution - Joint decree holders - Law as to: (i) Provisions of O.21.R.15 CPC apply to all cases where a decree has been passed in favour of more persons than one as joint decree holders; (ii) If decree itself indicates that, though a number of persons figure as decree holders, their interests are clearly defined as to..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim though can be based on different cause of action than that are put forth in suit, it should be one incidental or connected with that cause of action...........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Counter claim has necessarily to be directed against plaintiff and cannot be directed against co-defendant...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit or abandonment of part of claim - Plaintiff has an unfettered/absolute right to withdraw/abandon part of their claim in plaint U.O.23.R.1 CPC without seeking any leave to file a fresh suit...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Partial abandonment of claim allowed without granting any leave to file a fresh suit - Merely because an issue of Court fees was framed that in itself would not be considered as a legal impediment in allowing said application - Application rightly allowed...........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution of decree - Violation - Except self serving statement of petitioner there is no other evidence to prove the allegations - For want of corroboration to version of petitioner, executing Court found evidence insufficient to indict respondents - Order upheld...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - Suit for declaration that sale deed is null and void and recovery of possession - To decide validity of sale deed and to decide title of plaintiff, physical features of property need not be noted down - Further, Advocate Commissioner is not entitled to give any finding with regard to..........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - Primary onus lies on DH to show that JD has willfully disobeyed the conditions of decree...........
Civil Procedure Code, 1908, Section 47 -- Execution - Compromise decree - Violation of - DHs had failed to establish violation of compromise decree by JDs - Burden of proving violation of decree rests squarely on DHs - In the absence of cogent proof of such violation, execution cannot be sustained - Burden of proof, which lay upon DHs, had not been discharged - Executing..........
Civil Procedure Code, 1908, Section 2(2), Order 7, Rule 11 -- Rejection of plaint - Order rejecting plaint U.O.7.R.11 CPC decided lis finally and would tantamount to a decree within meaning of S.2(2) CPC...........
