Civil Procedure Code, 1908, Order 22, Rule 3, 4, 11 -- Substitution of LRs - Legal Representative brought on record in an appeal filed against order refusing to grant temporary injunction - Such impleadment will enure towards the proceedings in the suit itself...........
Civil Procedure Code, 1908, Order 9, Rule 13, Hindu Marriage Act, 1955, Section 13B -- Ex parte decree of divorce by mutual consent - Setting aside - (i) Petition u/s 13-B of the Act not supported by an Affidavit; (ii) Wife not aware of the filing of petition; (iii) wife has not given her consent for divorce by mutual consent; (iv) wife never appeared before Court; (v)..........
Civil Procedure Code, 1908, Section 151, Order 1, Rule 10 -- Impleadment of a party - Suit for specific performance - Plaintiff admitted that applicant is one of co-owners and signatory to agreement in question - Applicant rightly impleaded as one of defendants...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Admission used for pronouncing judgments must be unequivocal, independent and unconditional...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Pre-condition to a judgment being pronounced on admission made by a party is that admission must be capable of standing on its own and sustain its life and form even when taken out of context...........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Withdrawal of suit - Plaintiffs have an absolute right to withdraw/abandon their suit as a whole or in part at any time after institution of suit and defendants at the most may claim some cost only but cannot oppose the prayer of plaintiffs for withdrawal/abandonment of their suit without seeking any liberty to file afresh..........
Civil Procedure Code, 1908, Order 9, Rule 13, Civil Procedure Code, 1908, Order 5, Rule 9 -- Ex parte decree - Setting aside - Tracking record not conclusive proof of service of summons - Requirements of O.5.R.9 have also to be considered by Court before service of summons upon defendant is held valid...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of second Commissioner - Report of Commissioner exhaustively dealt with and he was thoroughly cross-examined - Except pointing out statement in cross-examination of Commissioner, nothing is shown as to how repot of Commissioner is not sufficient to prove the case of plaintiff - Application rightly rejected...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Loan transaction - Amount claimed in suit is not based on any document executed between parties or by defendant - Defendant has taken a categorical stand that entire loan amount was already repaid with interest - Admittedly, amount was received through cheques - Detailed..........
Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Cannot proceed and must come to an end once civil Court is seized of matter - Inter se rights of parties regarding title or possession are eventually to be determined by civil Court...........
