Civil Procedure Code, 1908, Order 22, Rule 10 -- Impleadment of respondent as plaintiff no.3 as assignee - Suit for specific performance - Application filed after 27 years of filing of suit - No explanation offered for such inordinate delay - High Court was not right in holding that mere transfer/assignment of agreement will be sufficient to grant leave to respondent to..........
Civil Procedure Code, 1908, Order 8, Rule 1, 10, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Limitation to file written statement - Condonation of delay - As per proviso to O.8.Rr.1, and second proviso to O.8.R.10 CPC has effect of barring on filing of written statement beyond 120 days from date of service of summons - In the..........
Civil Procedure Code, 1908, Order 38, Rule 5, Civil Procedure Code, 1908, Order 39, Rule 1, 2, Civil Procedure Code, 1908, Section 151 -- Attachment before judgment - Furnishing of security - Recovery suit - Defendant sold suit properties just after service of summons of suit - No prejudice would be caused to defendant in case, he submits appropriate security of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons by Munadi and registered post - A satisfaction has to be recorded by trial Court before resorting to substituted service that defendant cannot be served by means of ordinary post - No such satisfaction was recorded and straightaway process of Munadi was resorted besides..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Procedure for trial of cases under Chapter XVII of the Act, normally is to follow summary procedure - However, summons trial procedure can be followed where sentence exceeding one year may be necessary taking into account the fact that compensation u/s 357(3) Cr.P.C. with sentence of less than one year..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons - In every summons, issued to accused, it may be indicated that if accused deposits the specified amount, to be assessed by Court having regard to the cheque amount and interest/cost, by a specified date, accused need not appear unless required and proceedings may be closed subject to any valid..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Deposit of amount by accused indicated in the summons - If accused complies with such summons and informs Court and complainant by e-mail, Court can ascertain the objection, if any, of the complainant and close the proceedings unless it becomes necessary to proceed with the case - In such a situation,..........
Transfer of Property Act, 1882, Section 106 -- Lease deed - Notice - Suit for possession - Once there exists landlord and tenant relationship between parties and rate of rent is above Rs.3500/- p.m in Delhi and there is no registered lease deed for tenanted premise, then, by serving notice u/s 106 of the Act suit for possession can be filed - Infact, there is no need of..........
Civil Procedure Code, 1908, Order 5, Rule 20 -- Substituted service - Before ordering substituted service Court has to record a finding that it has reason to believe that respondent is keeping out of the way for the purpose of avoiding service of notice or that for any other reason, summons cannot be served in ordinary way - In absence of such a finding, Court cannot..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Ex parte decree - Setting aside - Service of summons - Where service of summons is doubtful, trial Court should have called the process server and should have taken his affidavit regarding service of summons upon defendant...........
