Civil Procedure Code, 1908, Order 8, Rule 1 -- Written statement - Filing beyond 90 days - Provision of O.8.R.1 is directory and not mandatory in nature - Court has discretionary power to allow the defendant to file written statement even after expiry of period of 90 days - In the facts and circumstances of a given case, more than 90 days can be granted for filing written..........
Civil Procedure Code, 1908, Order 23, Rule 1 -- Abandonment of part of claim - After institution of suit, plaintiff is free to either withdraw the suit or abandon part of his claim as against all or any of defendants when no right has already accrued to the other party in suit - No specific form is required for seeking such a relief and even an application need not to be..........
Civil Procedure Code, 1908, Order 13, Rule 1(1) -- Production of document - Document sought to be produced during cross-examination of plaintiff - Provision contained in O.13.R.1(3) CPC would apply when witness of the party is being cross-examined and not when party i.e. plaintiff or defendant as the case may be is being cross examined - Moreover, said documents are not..........
Civil Procedure Code, 1908, Section 151, Order 39, Rule 1, 2, 2A -- Temporary Injunction - Police aid - Normally in civil matters unless and until the rights have been crystallized and it is clear to the mind of Court that a party without any semblance of right is violating the orders of the Court the interference of police should not be called for...........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleading a party - Pendente lite purchaser - If a judgment is binding upon a person it is necessary to hear him before passing the judgment - After transferring the property the transferor loses all the interest in the property - If transferee is not impleaded, the other side..........
Civil Procedure Code, 1908, Order 7, Rule 14, Civil Procedure Code, 1908, Order 13, Rule 1 -- Late production of documents - In case `sufficient cause' is shown for filing the documents at the hearing of the suit and/or at the end of the trial, such cause shown should receive a liberal construction so as to advance the cause of substantial justice, more particularly when..........
Civil Procedure Code, 1908, Order 32, Rule 1 -- Suit by minor through next friend - When next friend has no interest adverse to minor then there is no basis to question the eligibility of next friend - Next friend need not necessarily to be a guardian and therefore provision of S.11 of Hindu Minority and Guardianship Act has no application as the same deals with..........
Criminal Procedure Code, 1973, Section 378(1) -- Appeal against acquittal - Interference - Appellate Court should not ordinarily interfere with the findings of fact arrived at by trial Court unless reasons given by trial Court are perverse or illegal on the very face of it...........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Parties to suit - Plaintiff being "Dominus Litis" entitled to have his say regarding parties to suit and also cause of action pleaded therein - However, plaintiff's position as "Dominus Litis" is not absolute - The right cannot be used to defeat statutory rights of other parties to suit - It cannot be an impediment in the..........
Civil Procedure Code, 1908, Order 1, Rule 10(2) -- Deletion of defendants No.6 to 8 as parties to the suit - Defendants No.6 to 8 are not necessary parties to suit - Defendants No.6 to 8 joined solely in order to defeat the arbitration clause between plaintiff and defendants No.1 to 4 - Right conferred u/s 8 of Arbitration Act is a valuable right which cannot be allowed to..........
