Civil Procedure Code, 1908, Section 104(2), Order 43, Rule 1(t) -- Bar u/s 104(2) - Applicability - Appeal - Dismissal for want of prosecution - Restoration application filed along with application for condonation of delay rejected - Appeal thereagainst - Held, it would be an appeal U.O.43.R.1(t) r/w S.104 of CPC and not intra court appeal or Letter Patent Appeal - Hence..........
Civil Procedure Code, 1908, Order 7, Rule 1(e) -- Cause of action - Grant of relief - Held, cause of action of a suit is the bundle of facts which are required to be proved by plaintiff in order to get relief claimed in the suit - All the essential facts that are required to be proved jointly constitute cause of action...........
Civil Procedure Code, 1908, Order 37, Rule 1 -- Summary suit - Agreement as relied is registered, but except signatures of the parties at the bottom on each pages, the handwritten figures are unsigned - The allegations that those figures were handwritten, added subsequently, just cannot be overlooked at this stage - There is a dispute raised about the figure/amount also -..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Representative suit - Unregistered Mandal - No resolution by respondent No.1 whatsoever is placed on record to show that 5 panchas are authorized to file suit - All 262 members of respondent No.1 have not joined as party to the suit - Held, it was for respondent No.1 to take aid of O.1.R.8 of the Code and file a representative..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit filed in the garb of O.1.R.8 CPC against one co-owner whereas the suit property is owned by proprietors/Mushtarka Malkan of a big chunk of land - Mandatory permission not granted - Decree on the basis of admission of one co-owner is a nullity as other co-sharers cannot be deprived of their valuable rights in the property..........
Civil Procedure Code, 1908, Order 1, Rule 8 -- Suit in representative capacity - Where numerous persons are to be sued for the benefit of all the persons interested, the mandatory permission of the Court U.O.1.R.8 CPC, is a condition precedent for pursuing such suits and where such permission is not granted, the suit would be treated to have been filed by the plaintiffs in..........
Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Delay in filing - No plausible explanation given as to why there was delay in filing written statement - It is a case of negligence on part of defendant - Learned court below had rightly debarred him from filing written statement - Application dismissed...........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 1 -- Closure of evidence - Recall of order - Eviction petition filed in the year 1994 - No written defence filed by respondents No.9 & 10 - Categorical statement of their counsel that they do not want to lead any evidence - Thereafter, no written statement filed to amended petition - Trial Court closed the evidence -..........
Civil Procedure Code, 1908, Order 47, Rule 1, 4 -- Review - Appeal against dismissal of review petition - Not maintainable - Appeal against review is maintainable only when review is granted...........
Civil Procedure Code, 1908, Order 6, Rule 1 -- Eviction petition - Pleadings and evidence - Tenants did not plead as to who was earlier landlord of shop - Held, no evidence could be read without pleadings - Trial court erred in reading evidence about earlier landlord in absence of such pleading...........
