Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Eviction petition - Death of tenant - Application for impleadment moved by petitioners, who were joint tenants, rejected by Prescribed Authority - Validity - Held, decree passed against joint tenant would bind other heirs of deceased tenant though they were not impleaded in the suit - Rejection of..........
Civil Procedure Code, 1908, Order 16, Rule 1(2) -- Purpose of summoning a witness - Party filing list of witnesses should briefly indicate the purpose of summoning the particular person as a witness...........
Civil Procedure Code, 1908, Section 151, Order 16, Rule 1(1), 1(2) -- Witness - Advocate of opposite party - Purpose of summoning not indicated - Sole purpose of doing this was to create a situation in which the advocate would have been forced to withdraw from the case - Held, a party summoning a witness should briefly indicate the purpose of summoning the particular..........
Civil Procedure Code, 1908, Order 29, Rule 1 -- Suit by company through one of its Directors - Plaint instituted by Director only on the authority of Chief Executive Officer - Evidence not produced to prove that Director was appointed by a resolution of the company to file suit and authorised the Director to do so - No resolution was passed by the Board of Directors..........
Arbitration and Conciliation Act, 1996, Section 11(6), Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983, Section 1 -- Contract agreement containing arbitration clause - Application for appointment of arbitrator - Held, Act of 1996 will apply - Act of 1983 is applicable where there is no clause for appointment of arbitrator...........
Civil Procedure Code, 1908, Order 47, Rule 1 -- Review/modification of judgment - Order passed on basis of submission/concession made by counsel engaged by appellant - No misconception of fact and law by counsel for appellant - Held, alleged concession or submission, allegedly without instruction and such misconduct cannot be construed as `sufficient' reasons - Reopening..........
Civil Procedure Code, 1908, Order 11, Rule 1 -- Interrogatories - Leave of Court - Separate application for leave of Court not necessary - It is sufficient if petitioner makes out sufficient ground in the application U.O.11.R.1 to enable him to deliver interrogatories on the opposite party and in case Court finds that interrogatories are required to be answered by the..........
Civil Procedure Code, 1908, Section 114, Order 47, Rule 1 -- Dismissal of SLP - Review petition before High Court thereafter - Maintainability of - Held, petitioner filed SLP challenging the order passed by High Court - Supreme Court dismissed said SLP - Review petition before High court challenging the very same order which was under challenge in SLP - Held, said order..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Grant against co-sharer - Held, every co-sharer has a right to property and to develop property in accordance with law, subject to the condition that such use of property will not render partition impossible - Either plaintiff may file a suit for partition and injunction, or may bring such facts and..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Injunction - Refusal - Plaintiff has neither pleaded nor shown that he was exercising any ownership right on the land by cultivating it or otherwise - He did not make any effort to get the share partitioned by meets and bounds - Plaintiff waited and watched defendants to use property to file a suit - In between he allowed..........
