Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise - Challenge as to - Suit where a decree based on compromise is not challenged, but compromise itself is called into question, would be barred by provisions of O.23.R.3-A CPC...........
Civil Procedure Code, 1908, Order 23, Rule 3A -- Compromise decree - Challenged by third party - Third party who is not a party to compromise decree would not be entitled to file an independent suit questioning compromise on basis of which decree was passed - Remedy available to third party is to challenge decree by filing an appeal u/s 96(1) CPC with leave of appellate..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-impleadment/non-joinder of a necessary party - Not a ground for rejection of plaint...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Specific pleadings regarding loan amount given and same having not been repaid have been made in the plaint - Closure of factory premise has been pleaded to be a cause of action for filing of suit - Application rightly rejected...........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by limitation - Specific finding recorded by Court below that Apex Court extended the limitation period because of COVID-19 pandemic, therefore suit is not time barred - However, if written statement is filed by defendant and ground of limitation is pleaded therein, a preliminary issue regarding..........
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1(3) -- Withdrawal of suit - With liberty to file fresh suit - Specific case of defendant is that she is owner in possession of property and without seeking relief qua proprietary rights on title of suit property by way of declaration, plaintiff is not entitled to any injunction - Plaintiff moved an application for..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Suit for cancellation of sale deed - Defendant during pendency of suit entered into agreement to sell with applicant in respect of part of suit land - However, applicant entered into agreement to sell being aware of pendency of litigation between plaintiffs and defendant - Application for impleadment..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Remand of matter to trial Court permitting plaintiff to amend plaint - No application filed by plaintiff for amendment of plaint - In the absence of any such application, High Court committed error by permitting plaintiff to amend plaint that too in a second appeal - Even otherwise, no reasons are assigned as to..........
Civil Procedure Code, 1908, Order 41, Rule 23, 23A, 25 -- Remand - For remand, a specific case is to be made as per O.41.Rr.23, 23-A, 25 CPC - Mechanical remand of suit is wholly impermissible...........
Civil Procedure Code, 1908, Order 21, Rule 29 -- Stay of execution proceedings - Law as to: (a) O.21.R.29 CPC is applicable only if suit and execution proceedings are pending before same Court and not before two different Courts which are not of co-ordinate jurisdiction; (b) Provision of O.21.R.29 CPC will not apply if suit is instituted subsequent to institution of..........
