Civil Procedure Code, 1908, Order 8, Rule 6-C -- Counter claim - Exclusion - Court is at liberty to strike off counter claim or part of counter claim if it is vague or it is likely to cause undue delay in the trial - In case counter claim relates to both suit property and other properties not connected with suit then Court is justified in striking off part of counter-claim..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- No equitable right can be granted at the cost of lawful right of the other - Suit for possession by way of specific performance of agreement - Defendant raising counter claim challenging validity of earlier sale deed as well as agreement to sell - Application u/o 39 R. 1 & 2 by both the parties - Plaintiff restrained from..........
Refund -- Security amount - Force Majeure clause - Applicability of - Complainant depositing amount by way of security with the Opposite party for the purchase of raw - materials for manufacturing purpose in his industry - Closure of industry due to strike - Refund of security amount sought - Question whether force majeure clause could come to the rescue of the..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Court suo motu can add or strike out the name of any party to effectually and completely adjudicate upon and settle all the questions involved in the suit...........
Civil Procedure Code, 1908, Order 22, Rule 10-A -- Death of party defendant - Other defendants should inform plaintiff's counsel by filing a memo - In the absence of such a memo and in the absence of any adjudicable issue against such defendant, Court should strike out his name...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Advocate's strike - In case Court is satisfied that the ex parte order, passed due to the absence of the Advocate pursuant to any strike call, could be set aside on terms the Court can as well permit the party to realise the costs from the Advocate concerned without driving such party to..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Exparte decree - Setting aside - Advocate's strike - Advocate is answerable for the consequence suffered by the party if the non-appearance was solely on the ground of a strike call - It is unjust and inequitable to cause the party alone to suffer for the self imposed dereliction of his Advocate...........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Advocate's strike - Non appearance of Advocate - Costs when imposed to set aside the exparte decree - Court has power to permit the party to realise the costs from the Advocate concerned - Such direction can only be passed after affording an opportunity to the Advocate...........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Non payment - If the erring party is the petitioner the proceedings can be ordered to be stayed - Where the erring party is the respondent the Court can strike off the defence of such party...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Court either upon or without the application of a party can implead a party or strike the name of the plaintiff or defendant etc. at any stage of the suit and even at appellate stage...........
